Kashinath Jairam Shetye And ANR., v. The Chief Secretary, State Of Goa And 5 ORS.,

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IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 280 OF 2018.

Kashinath Jairam Shetye and anr.

... Petitioners.

Versus

The Chief Secretary, State of Goa and 5 ors.

... Respondents.

Petitioner no.1 present in person.

Mr. D. Lawande, Advocate General with Mr. D. Shirodkar, Addl. Govt. Advocate for the respondent nos.1 to 5 Mr. J. Supekar and Mr. S. Sayed, Advocates for respondent no.6. Coram:- R. D. DHANUKA & PRITHVIRAJ K. CHAVAN, JJ.

Date:-2 April , 2019.

P.C.

Mr. J. Supekar, learned Counsel appearing for respondent no.6Mr. Madan Sawant, on instructions seeks liberty to withdraw his application for regularisation dated 1.6.2018 in respect of construction of residential house in Chalta Nos. 10 and 11 of P. T. Sheet No. 12 of Panaji, Tiswadi, Goa filed before respondent no.2 Goa Coastal Zone Management Authority(GCZMA) recommending the case of respondent no.6 for regularisation in 176th meeting held on 22.6.2018. Statement is accepted. In view of the withdrawal of said application, it is made clear that decision taken by the said Authority in 176th meeting held on 22.6.2018 in so far as recommendation made in clause no.2.15 is concerned, stand withdrawn.

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Learned Counsel for respondent no.6 on instructions states that application filed by his client on 11.10.2017 before the Goa Coastal Zone Management Authority( respondent no.2) be decided by the Authority on its own merits.

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Respondent no.2 is directed to dispose of the said application dated 11.10.2018 filed by respondent no.6 on its own merits and after hearing respondent no.6 as well as petitioners within 8 weeks from today and in accordance with law. It is made clear that this Court has not expressed any views on the merit of the matter. All the contentions of the parties are left open. The order that would be passed by respondent no.2 shall be conveyed to the respondent no.6 as well as to the petitioners within one week from the date of passing of such order. 4.

For the aforesaid reasons Writ Petition No.280/2018 is disposed of. It is made clear that if any party is aggrieved by order that is proposed to be passed by respondent no.2, they would be at liberty to file appropriate proceedings in accordance with law. 5.

In view of the disposal of Writ Petition 280 of 2018, all other pending MCA's, if any, also stand disposed of.

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Parties to act on the basis of authenticated copy of this order.

PRITHVIRAJ K. CHAVAN, J.

R. D. DHANUKA, J.

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