Kuldeep Rana v. State Of Goa Thr. Chief Secretary And 7 ORS

9 WP-395-2022.doc Jose

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.395 OF 2022 KULDEEP RANA ... Petitioner

Versus

STATE OF GOA THR.

CHIEF SECRETARY AND 7 ORS.

... Respondents Ms A. Fernandes, Advocate for the Petitioner. Mr S. Parab, Additional Government Advocate for the RespondentState.

CORAM:

M.S. SONAK & BHARAT P. DESHPANDE, JJ.

DATED:

31st January, 2023 P.C.:

1.

Heard Ms A. Fernandes, learned Counsel for the Petitioner and Mr Parab, learned Additional Government Advocate for the GCZMA. 2.

For the order that we propose to make, no notice is necessary to Respondent Nos.4 and 8.

3.

The Petitioner's grievance is that his complaints dated 02.12.2020, 17.03.2021, 24.03.2021, 22.03.2021 and 18.07.2021 are not being disposed of by the Respondent authorities, including in particular the Goa Coastal Zone Management Authority (GCZMA). 31st January 2023

9 WP-395-2022.doc 4.

Mr Parab places on record a show-cause notice dated 06.07.2022 issued by the GCZMA to Respondent No.8 concerning the very same structure which is the subject matter of the Petitioner's complaints. Mr Parab, on instructions, states that the GCZMA will dispose of the showcause notices in accordance with law within a maximum period of three months from today.

5.

Similarly, if the complaints have been made to the Village Panchayat, the Panchayat is also directed to dispose of the complaints within three months from the date the Petitioner files an authenticated copy of this order.

6.

Needless to add, the GCZMA and the Panchayat must abide by the principles of natural justice and fair play. This Court has not gone into the rival contentions about the legality or otherwise of the construction undertaken by Respondent No.8. These are all matters which should first be looked into by the GCZMA and the Panchayat. Therefore, all contentions in this regard are kept open.

7.

With the above directions, this petition is disposed of. There shall be no order for costs.

8.

All concerned are to act on an authenticated copy of this order. BHARAT P. DESHPANDE, J.

M.S. SONAK, J.

JOSE FRANCISCO DSOUZA FRANCISCO DSOUZA Date: 2023.02.01 10:33:46 +05'30'

31st January 2023