Balchandra Kadapkar And ANR v. State Of Goa The. Its Chief Secretary And ANR

2024:BHC-GOA:1876 WP 351 of 2024 shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.351 OF 2024 BALCHANDRA KADAPKAR AND ANR ... PETITIONERS

Versus

STATE OF GOA THE. ITS CHIEF SECRETARY AND ANR ... RESPONDENTS Ms Sailee R. Kenny, Advocate for the petitioner. Mr. Geetesh Shetye, Addl. Govt. Advocate for respondent no. 1. Mr Zeller De Sousa, Advocate for respondent no. 2. Mr Raviraj Chodankar, Central Govt. Standing Counsel for respondent no. 3.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 23rd October, 2024 P.C.

1. Mr. Chodankar learned standing Counsel for Naval Authorities has filed an affidavit, however, it is the contention of the Petitioners that they have demolished the portion which has come within the funnel zone and is objected by the concerned parties.

2. Mr. Chodankar submits that the Naval authorities will carry out a fresh inspection/survey of the structures of the present Petitioners in order to find out whether the demolition of the portion which is over and above the limit is carried out (Obstacle Limitation Surface). He submits that such inspection will be carried out within a period of two weeks.

23rd October, 2024

WP 351 of 2024

3. Ms. Kenny submits that the Petitioners have already complied with earlier directions, even though the revision application was dismissed. She submitted that such compliance is given before this Court in the pending proceedings.

4. The above petition could be disposed of on the following observation:

(i) The Naval Authority shall conduct a fresh inspection of the structure of the above Petitioners, preferably within a period of two weeks, and by giving an advance notice to the Petitioners.

5. A copy of such inspection report be handed over to the Petitioners.

6. Ms Kenny submits that in case the inspection report is adverse, liberty to be granted to the Petitioners to approach this Court.

7. Let the report be handed over to the Petitioners well in advance so that the Petitioners can approach this Court with a fresh petition.

8. Accordingly, the petition stands disposed of in the above terms. BHARAT P. DESHPANDE, J.

Signed by: SHAKUNTALA ZALMI Designation: Personal Assistant Date: 25/10/2024 18:08:56 23rd October, 2024