John Pires. v. State Of Goa, Thr. The Chief Secretary And ANR.

WP597/16

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.597 of 2016 John Pires, son of Alexio Pires, major of age, Indian National, Fisherman by occupation, residing at House No.847, Camotim Vaddo, Candolim, Bardez, Goa.

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Petitioner

Versus

1.

State of Goa through the Chief Secretary, having office at Secretariat, Porvorim Goa.

2.

Goa Coastal Zone Management Authority through its Member Secretary, having office at Dempo Towers, Patto, Panaji, Goa. ..

Respondents Mr. P. Vernekar, Advocate for the petitioner. Mr. D. Lawande, Government Advocate for the respondents.

CORAM :- C. V. BHADANG, J.

DATE :- 5 th JULY, 2016.

ORAL JUDGMENT :

Rule. Rule, made returnable forthwith. The learned Government Advocate waives service for the respondents. Heard finally by consent of the parties. 2.

The learned Government Advocate, on instructions, states that having regard to the contentions raised in the petition, the GCZMA shall

WP597/16 rehear the petitioner and shall pass appropriate orders in accordance with law. Hence, by consent of the parties, the following order is passed :

(i) The petition is allowed.

(ii) The impugned order relating to the petitioner is hereby set aside.

(iii) The GCZMA shall hear the petitioner and/or his representative and shall decide the matter afresh, in accordance with law.

(iv) The GCZMA shall intimate the petitioner about the date of hearing sufficiently in advance.

(v) Rival contentions of the parties are left open.

(vi) Rule is made absolute in the aforesaid terms, with no order as to costs.

C. V. BHADANG, J.

SMA