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Bombay High CourtWP/69/2022disposed of

Shree Sai Samarth Realty Thr. Its Sole Prop. Purshottam Chari v. State Of Goa Thr. Its Chief Secretary And 2 ORS

2022-09-28Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Shri Justice Bharat P. Deshpande3 pages

Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.69 OF 2022 WITH MISC.CIVIL APPLICATION NO.1560 OF 2022 (F) WRIT PETITION NO.69 OF 2022 IN NO. OF SHREE SAI SAMARTH REALTY THR. ITS SOLE PROP. PURSHOTTAM CHARI ... PETITIONER

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STATE OF GOA THR. ITS CHIEF SECRETARY AND 2 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.1560 OF 2022 (FILING) SHREE SAI SAMARTH REALTY THR. ITS SOLE PROP. PURSHOTTAM CHARI ... APPLICANT

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STATE OF GOA THR. ITS CHIEF SECRETARY AND 2 ORS ... RESPONDENTS Mr. Vibhav R. Amonkar, Advocate for the petitioner. Mr. Devidas J. Pangam, Advocate General with Mr. S. P. Munj, Additional Government Advocate for the respondent no.1. Mr. V. Daniel, Advocate for the respondent no.2. Mr. Pavithran A. V. with Mr. Prasad Kholkar, Advocates for the respondent no.3.

CORAM:- M. S. SONAK & BHARAT P. DESHPANDE, JJ.

DATED :- 28th September, 2022

P.C.

Heard Mr. Amonkar, learned counsel for the petitioner, learned Advocate General who appears alongwith Mr. S. P. Munj, learned Additional Government Advocate for respondent no.1, Mr. V. Daniel, learned counsel for respondent no.2 and Mr. Pavithran A.V., learned counsel for the Goa State Pollution Control Board.

2. The Goa State Pollution Control Board has verified that the Panchayat has provided MRF facility. Accordingly, the restraint order from issuing construction licences is lifted.

3. Therefore, the resolution of the Panchayat at annexure 'F' at page 62, i.e. extract from the meeting held on 05.03.2022 can be communicated to the petitioner.

4. We, however, clarify that we have not gone into the issue of legality or otherwise of the petitioner's entitlement to construction licence or renewal/revision licence. All such contentions are kept open.

5. The petition is disposed of.

6. The Miscellaneous Civil Application No.1560/2022(Filing) does not survive and is disposed of.

BHARAT P. DESHPANDE, J.

M. S. SONAK, J.

MARIA SUZANA REBELLO SUZANA REBELLO Date: 2022.09.29 11:11:12 +05'30'