Silpam Trade Associates Pvt. Ltd. Thr. Its Authorized Signatory Mr. Yogesh Reddy. And ANR., v. The State Of Goa, Thr. Its Chief Secretary And 3 ORS.,
1 WP No 278 2016
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 278 OF 2016 1.
Silpam Trade Associates Pvt. Ltd., A Company registered under the Companies Act, 1956.
Having its registered address at House No. 887, Shivapriya, Next to Holy Family School, Porvorim, Bardez, Goa.
Through its authorized signatory, Mr. Yogesh Reddy, the Petitioner No.
2.
2.
Mr. Yogesh Reddy, Son of Sundar Ram Reddy, Aged about 33 years, Indian National, Resident of UG 101, Casa Bay Side, Bay View Colony, Dona Paula, Goa - 403 004.
....
Petitioners
Versus
1.
The State of Goa, Through its Chief Secretary, Secretariat, Porvorim, Goa.
2.
The Goa Coastal Zone Management Authority, C/o Department of Science, Technology and Environment (Govt. of Goa), 3rd Floor, Dempo Towers, Patto, Panaji, Goa - 403 001.
3.
M/s Shree Sai Champions Family Trust, a Company registered under the Companies Act, 1956 having its registered office at 701, Avalon, 80 feet road, 4th Block, Kormanala, Bangalore - 560 034.
2 WP No 278 2016 4.
The Deputy Collector and SDO, Salcete - Goa.
....
Respondents Mr. Kaif Noorani, Advocate for the Petitioners. Mrs. S. Mordekar, Additional Government Advocate for Respondents no.1, 2 and 4.
CORAM: S. B. SHUKRE, J.
DATE: 2ND MARCH, 2016.
ORAL JUDGMENT:
Heard the learned counsel for the petitioners.
2. Learned Additional Government Advocate waives notice for the respondents no. 1, 2 and 4.
3.
Rule. Rule made returnable forthwith. Heard finally by consent.
4. Learned Additional Government Advocate, on
3 WP No 278 2016 instructions of respondents no.2 and 4, whose officers are present in Court submits that the respondent no.2 is ready to reconsider the applications dated 14/9/2015 filed by the petitioners seeking permission to erect temporary structures on the subject property i.e. Survery no.109/2, of Cavelossim village within a period of four weeks time, on the condition that the petitioner during this period shall not use the structures/caravan vans in question for any commercial purposes.
5. Learned counsel for the petitioner, on instructions, makes a statement in the nature of an oral undertaking of the petitioner no.2, who is present in Court that the petitioners during the said period of time i.e. four weeks from the date of order of this Court or the order on the applications dated 14/9/2015 filed for grant of permission is finally disposed of, whichever is earlier, the petitioners shall not use the structures/caravan vans in question for any commercial purpose.
6. The oral undertaking so given by the petitioners is
4 WP No 278 2016 accepted and so is the statement made by the learned Additional Government Advocate on behalf of respondent no.2.
7. Accordingly, it is directed that respondent no.2 shall reconsider the applications dated 14/9/2015 filed by the petitioner within a period of four weeks from the date of this order and shall dispose of the same within the said period.
8. It is directed that respondent no.2 shall as a special case grant personal hearing to the petitioner before the final order is passed. The petitioners shall not use the structures/caravan vans in question for any commercial purpose during the said period of time. In case, the applications are rejected, the order impugned in this petition shall not be given effect to for a period of two weeks from the date of the order of rejection of the applications and the aforesaid undertaking in that case shall continue to be adhered to for two weeks more.
9. Rule is made absolute in these terms. No costs.
5 WP No 278 2016
10. Authenticated copy be furnished to both sides. S. B. SHUKRE, J.
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