Bombay High CourtMCA/625/2019disposed of

Tonia Estates Resorts Pvt. Ltd., Thr. Aleixo Sequeira., v. State Of Goa, Through Its Chief Secretary And 4 ORS.,

2019-07-04Hon'Ble Shri Justice S. C. Gupte,Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

1 Mcas625,626-19-04-07-19 Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.625 OF 2019 IN WRIT PETITION NO. 751 OF 2008 Tonia Estates Resorts Pvt. Ltd.

through Aleixo Sequeira.

.... Applicant.

Versus

State of Goa, through its Chief Secretary and others.

..... Respondents.

Mr. Rafiq Dada, Senior Advocate with Mr. Preetam Talaulikar, Advocate for the Applicant.

Mr. Rayan Menezes, Advocates for the original Petitioners. Mr. Pravin Faldessai, Addl. Govt. Advocate for Respondents No.1, 2 and 3.

WITH MISC. CIVIL APPLICATION NO.626 OF 2019 IN WRIT PETITION NO. 469 OF 2014 Tonia Estates and Resorts Pvt. Ltd.

through its Director & Anr.

.... Applicants.

Versus

State of Goa, through its Chief Secretary and others.

..... Respondents.

Mr. Rafiq Dada, Senior Advocate with Mr. Preetam Talaulikar, Advocate for the Applicants.

2 Mcas625,626-19-04-07-19 Coram : S.C. Gupte & Prithviraj K. Chavan, JJ.

Date : 4 th July, 2019.

P.C.:- These Misc. Civil Applications seek an order for speaking to the minutes of the Judgment and Order dated 19 th/20 th June, 2019. After hearing the parties, the following order is passed : (I) In para 1 of the order, the words "Environment Protection Act, 1986," shall be added after the word "including" and before the words "CRZ Notification", appearing in second sentence of para 1.

(II) In para 3, the words "six type 'B'" are added in the sentence beginning from "So also, the floor area ..... " after the word "existing", and before the words "structures was being" on page 5 of the order.

(III) In para 7 of the order, the words "Petitioner No.1, who is" appearing in the second last sentence of para 7, shall be deleted and the letter "t" of the word "the" shall be shall be capital. (IV) In para 15, the words "August 2006" appearing in the second sentence shall be substituted by words "May 2006". (V) The date of survey appearing as "4 th July, 2009" in para 17 shall be substituted by the date "7 th April, 2009". So also, "para 18

3 Mcas625,626-19-04-07-19 of the rejoinder" shall be substituted by "para 27 of the rejoinder". (VI) In para 19, reference to the CRZ Notification, 2011 shall be corrected as "clause (8)(i)(III)(CRZ-III)(A)(ii)". (VII) In para 20, the words "and the matter was already in Court" appearing in 8 th sentence, shall be deleted. So also, the dates of the technical approval from PWD and NOC of the Town Planner shall be respectively corrected as "15.5.2008" and "19.5.2008". (VIII) In para 21, in the 4 th sentence, the word "rejection" shall be substituted by the words "revocation and cancellation". (IX) In para 28, 4 th sentence, before the words "in the companion petition" appearing in bracket shall be preceded by the words "and for the Petitioners".

The Misc. Civil Applications are disposed of accordingly. Prithviraj K. Chavan, J. S.C. Gupte, J.