William Gonsalves v. The Chief Town Planner (Planning) Town And Country Planning Dept. And 3 ORS

25-WP-231-2023.DOC Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.231 OF 2023 William Gonsalves ... Petitioner

Versus

The Chief Town Planner (Planning) Town And Country Planning Dept. And 3 Ors.

... Respondents Mr Nigel Da Costa Frias with Ms Barbara Andrade, Advocate for the Petitioner.

Mr Ashwin D. Bhobe with Ms Shaizeen Shaikh, Advocates for Intervenor.

Mr Nihal Vernekar, Additional Government Advocate for Respondent No.2.

Mr Amey Kakodkar, Advocate for Respondent No.3. Mr Amey Salgaonkar, Advocate for Respondent No.4.

CORAM:

M. S. KARNIK, J.

DATED :

25th APRIL 2023 P.C.:

1.

The challenge in this petition is to the revocation of technical clearance.

2.

Learned counsel for the Town And Country Planning, who is the respondent no.1, submits that admittedly the said revocation was without hearing the aggrieved party. It is submitted that the Authority will hear all concerned including 25th April 2023

25-WP-231-2023.DOC the intervenor represented by Shri A. Bhobe and respondent no.3, represented by Mr Amey Kakodkar, and then pass appropriate order.

3.

The impugned order is set aside. The parties to appear before the Town And Country Planning Department-respondent no.2 on 04.05.2023 at 10:30AM where further schedule in the matter may be fixed. The decision to be taken within a period six weeks from 04.05.2023. The respondent no.2 to furnish the documents mentioned in the show-cause notice to the parties, if requested for.

4.

Learned counsel for the petitioner, on instructions makes a statement that till the matter is heard, no construction activity will be carried out. Statement accepted.

5.

Petition disposed of. No cost.

M. S. KARNIK, J.

MARIA SUZANA REBELLO REBELLO Date: 2023.04.25 19:12:33 +05'30'

25th April 2023