Shelton Fernandes Thr. His Power Of Attorney Holder Mr. Cornelio Leao Fernandes v. The State Of Goa Thr. Its Chief Secretary And 4 ORS

9&10-WP-290 & 292-2024.DOC Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.290/2024 AND WRIT PETITION NO.292/2024 SHELTON FERNANDES THR. HIS POWER OF ATTORNEY HOLDER MR.

CORNELIO LEAO FERNANDES

Versus

THE STATE OF GOA THR. ITS CHIEF SECRETARY AND ORS.

... PETITIONER ... RESPONDENTS Ms S. Nishad, Advocate for the Petitioner.

Mr D. Pangam, Advocate General with Mr G. Shetye (WP-290-2024) and with Mr S. P. Munj (WP-292-2024), AGAs for the State.

CORAM:

M. S. SONAK & VALMIKI MENEZES, JJ.

DATE:

10th APRIL 2024 P.C.:

1.

Heard Ms S. Nishad for the Petitioner in both these petitions and Mr D. Pangam, learned Advocate General with Mr G. Shetye (WP-2902024) and with Mr S. P. Munj (WP-292-2024), learned AGAs for the State.

2.

For the order that we propose to make, no notice is necessary to the fourth and fifth respondents in both these petitions. 3.

Te petitioner's grievance in both these petitions is that despite his complaints against the constructions put up by the fourth and fifth 10th April, 2024

9&10-WP-290 & 292-2024.DOC respondents in an area affected by the CRZ Notification, no action is forthcoming.

4.

Record shows that based on petitioner's complaints the GCZMA officials held a site inspection. From the perusal of the site inspection report dated 19.07.2023, some prima facie illegalities were noticed. As such, it was expected that the GCZMA initiates action in the matter. 5.

Learned AG states that the GCZMA will act based on the site inspection report, issue notices and take such notices to their logical conclusion after following due procedures. He states that such action would be completed within three months from today. 6.

By recording the above statement and directing the GCZMA to act accordingly, we dispose of these petitions. All contentions of the petitioner and the fourth and the fifth respondents are however kept open to be considered by the GCZMA in the first instance. Te GCZMA must communicate its final decision in both these petitions to the petitioner and the fourth and the fifth respondents within three months from today. 7.

With the above directions, we dispose of both these petitions. Tere shall be no order for costs.

8.

All concerned to act on an authenticated copy of this order. VALMIKI MENEZES, J.

M. S. SONAK, J.

SUCHITRA NANDAN SINGBAL Date: 2024.04.10 17:28:10 +05'30'

SUCHITRA NANDAN SINGBAL 10th April, 2024