Smt. Kishori Shamsundar Neogi, Rep. Thr. Poa Shri Dwarka Rao And 13 ORS., v. State Of Goa, Thr. Its Chief Secretary And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 467 OF 2016 SMT. KISHORI SHAMSUNDAR NEOGI, REP. THR. POA SHRI DWARKA RAO AND 13 ORS., ... Petitioners

Versus

STATE OF GOA, THR. ITS CHIEF SECRETARY AND 2 ORS., ... Respondents Shri S.S. Kantak, Senior Advocate with Advocate P. Talaulikar for the petitioners.

Shri A. Prabhudessai, AGA for the respondent no.1. Shri A.D. Bhobe, Advocate for the respondent nos. 2 and 3. Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 4th May, 2016 P.C.

Heard Shri S.S. Kantak, learned Senior Counsel appearing for the petitioners, Shri A. Prabhudessai, learned AGA for the respondent no.1 and Shri A.D. Bhobe, learned counsel appearing for the respondent nos.2 and 3.

2. The main grievance of the petitioners is that an application dated 7th March, 2016 to obtain occupancy certificate of the subject construction is still pending before the respondent nos. 2 and 3 for consideration. The learned Senior Counsel appearing for the petitioners submits that the petitioners has filed the application for occupancy certificate after obtaining the completion certificate from the North Goa Planning and Development Authority. It is further

WP/467/2016 submitted that such certificate in terms of Section 263(2) of the City Corporation of Panaji Act has to be issued within 15 days from the receipt of the such application. Shri Bhobe, learned counsel appearing for the respondent nos. 2 and 3 does not dispute that the matter with regard to the grant of the occupancy certificate is still not decided by the respondent nos. 2 and 3.

3. Hence, we find it appropriate to direct the respondent nos.2 and 3 to decide the application dated 7th March, 2016 of the petitioners, for occupancy certificate and other incidental claims as expeditiously as possible within one week from today in accordance with law.

4. With the above directions, the petition is disposed of accordingly.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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