Emilia Paulina Pereira v. State Of Goa Thr. Chief Secretary And 4 ORS

10 WP-408-2023.DOC Meena

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.408 OF 2023 WITH MISC. CIVIL APPLICATION NO.1692 OF 2023 F WITH MISC. CIVIL APPLICATION NO.1094 OF 2023 F WITH MISC. CIVIL APPLICATION NO.1353 OF 2023 F IN WRIT PETITION NO.408 OF 2023 EMILIA PAULINA PEREIRA VS STATE OF GOA THR. CHIEF SECRETARY AND 4 ORS

...Petitioner

...Respondents.

Mr Y.V. Nadkarni with Ms. S. Khadilkar, Advocates for the Petitioner. Mr Devidas Pangam, Advocate General with Ms Akshata Bhat, Additional Government Advocate for Respondent - State. Mr Pranay Kamat, Advocate for Respondent No.4. Mr Nitin Sardessai, Senior Advocate with Mr R. Rao, Advocate for Respondent No.5.

CORAM:

M.S. SONAK & BHARAT P. DESHPANDE,JJ.

DATE:

21st AUGUST,2023 P.C.:

1.

Mr Sardessai, learned Senior Counsel for respondent No.5 states that orders of demolition have been duly complied. Te learned Advocate 21st August,2023

10 WP-408-2023.DOC General files report prepared by the Deputy Town Planner confirming that the necessary demolitions have been carried out. 2.

Considering the above, compliance is accepted. 3.

Accordingly, this petition can be disposed of. 4.

However, Mr Sardessai pointed out that respondent No.5 has obtained revised technical clearance dated 18/10/2022 from the Town and Country Planning Department. Accordingly, Mr Sardessai states that respondent No.5 should be allowed to carry out constructions in accordance with the revised technical clearance dated 18/10/2022. 5.

Since respondent No.5 has obtained revised technical clearance dated 18/10/2022, there can be no difficulty for respondent No.5 to undertake constructions in accord with the said revised technical clearance. 6.

With the above clarification this petition can be disposed of even our order dated 26/06/2023.

7.

Te petition is disposed of in the above terms without any order for costs.

8.

Pending MCAs, if any, will not survive with disposal of this petition and accordingly stand disposed of.

BHARAT P. DESHPANDE,J.

M. S. SONAK, J.

MEENA VISHAL BHOIR Date: 2023.08.22 10:30:40 +05'30'

MEENA VISHAL BHOIR 21st August,2023