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Bombay High CourtMCA/227/2018disposed of

Ingrid Cotta., v. State Of Goa, Thr. Chief Secretary, Govt. Of Goa And 2 ORS.,

2018-03-28Hon'Ble Shri Justice N. M. Jamdar,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

1 mca227-18-28-03-18 Santosh IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO.227/2018 IN WRIT PETITION NO.785/2017 Ingrid Cotta.

..... Applicant.

V/s.

State of Goa through Chief Secretary and Ors.

...... Respondents.

Mr. Vivek Angelo Rodrigues, Advocate for the Applicant. Mr. A. Gomes Pereira, Additional Govt. Advocate for the Respondents.

Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ.

Date : 28 March 2018.

P.C.:

Heard the learned Counsel for the Applicant and the learned Additional Govt. Advocate.

2.

By an order dated 30 January 2018, the Writ Petition filed by the Petitioner was disposed of, directing the Competent Authority of the Respondent-State to reconsider the Petitioner's claim as per law, preferably within one month. Since this has not been done, the present Application is filed.

2 mca227-18-28-03-18

3. Though the Application is filed in a disposed of Writ Petition, we have taken cognizance of the same. By a communication dated 15 February 2018, the Dy. Town Planner has informed the Petitioner that the jurisdiction is with the Greater Panaji Planning and Development Authority. While disposing of the Writ Petition on 30 January 2018, the Division Bench has only referred to the "Competent Authority". If the Competent Authority is now changed, the directions issued by the Division Bench on 30 January 2018 will have to be read accordingly and, therefore, the Greater Panaji Planning and Development Authority will have to decide the Application.

4. Since it is the stand of the Town Planner that the authority is with the Greater Panaji Planning and Development Authority, the Town Planner will transfer the file, if it is still with him, to the concerned Authority, immediately. The learned Additional Govt. Advocate states that the file, if it is still with the Town Planner, will be sent to the concerned Authority within a period of one week.

5. The Application to be decided by the said Authority within a period of two months from today.

Prithviraj K. Chavan, J.

N.M. Jamdar, J.