The Goa Foundation Thr Its Secretary Dr. Claude Alvares And ANR v. Town And Country Planning Department Thr The Chief Town Planner And 6 ORS

909 MCA-208-2024.DOC Jose

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.208 OF 2024 IN P.I.L. WRIT PETITION NO.30 OF 2023 THE GOA FOUNDATION THR ITS SECRETARY DR. CLAUDE ALVARES AND ANR.

... Applicants

Versus

TOWN AND COUNTRY PLANNING DEPARTMENT THR THE CHIEF TOWN PLANNER AND 6 ORS.

... Respondents Ms Norma Alvares with Mr Om D'Costa, Advocates for the Applicants. Mr D. Pangam, Advocate General with Mr Deep Shirodkar, Additional Government Advocate for the Respondent-State. Mr Hanumant D. Naik, Advocate for Respondent No.5. Mr Pankaj Vernekar, Advocate for Respondent No.6. Ms Shweta Parulekar h/f Mr J.J. Mulgaonkar, Advocate for Respondent No.7.

CORAM:

M.S. SONAK & VALMIKI MENEZES, JJ.

DATED:

3rd April 2024 P.C.:

1.

Heard learned Counsel for the parties.

2.

This is an application seeking leave to amend the petition based on a subsequent development.

3rd April 2024

909 MCA-208-2024.DOC 3.

After this Court passed an interim order on 14.02.2024, the impugned ordinance was promulgated on 29.02.2024. Ms Alvares contends that the impugned ordinance was to nullify the effect of this Court's order. Several grounds have been raised in the petition. 4.

Mr Deep Shirodkar states that since this is a challenge to an ordinance, it would be appropriate if a separate petition was filed. 5.

On considering the submissions, we think that it would be appropriate if leave is granted to amend this petition. The amendment is based on a subsequent development which has a nexus with the issues raised in the original petition. Besides, the impugned ordinance, prima facie, seeks to revive the ODP which was notified on 15.12.2022, which has also been challenged in the main petition.

6.

Accordingly, we allow this Misc. Civil Application and grant the Petitioners leave to amend the petition in accordance with the schedule annexed to this application.

7.

Ms Alvares states that the amendment would be carried out within three days and amended copies of the petition would also be supplied to the learned Counsel for the parties within three days. 8.

The Misc. Civil Application is accordingly disposed of without any order for costs.

VALMIKI MENEZES, J.

M.S. SONAK, J.

3rd April 2024