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Bombay High CourtMCA/343/2024disposed of

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.

2024-08-06Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Valmiki Menezes2 pages

2024:BHC-GOA:1263-DB MCA 343 of 2024 Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.343 OF 2024 IN PUBLIC INTEREST LITIGATION WP NO.30 OF 2023 THE GOA FOUNDATION, THR. ITS SECRETARY DR. CLAUDE ALVARES AND ANR ... APPLICANT

Versus

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

... RESPONDENTS Ms Norma Alvares (Through V.C.) and Mr Om D'Costa, Advocates for the Applicants.

Mr Shyam Mehta, Senior Advocate (Through V. C.) with Mr J. Karn, Advocate for Respondent Nos.1 to 3.

Mr H. D. Naik, Advocate for Respondent Nos.4 and 5. Ms N. Nadkarni, Advocate for Respondent No.6. Mr J. J. Mulgaonkar, Advocate for Respondent No.7. CORAM:- M. S. KARNIK & VALMIKI MENEZES, JJ.

DATED :- 6th August, 2024 P.C.:

An additional affidavit of Dr Claude Alvares duly affirmed on 03.08.2024 has been filed on record.

2. Mr Mehta, learned Senior Advocate has raised objection that whatever has been stated in the affidavit and the documents which have been annexed to the affidavit should form part of the petition by 6th August, 2024

MCA 343 of 2024 way of amendment application. Considering the additional affidavit filed by the Petitioner, in our opinion, the same needs to be a part of the petition which needs amendment. Accordingly, on the oral request of the learned counsel for the Petitioners, we permit the Petitioners to amend the petition. Amendment to be carried out in the course of this week. Amended copy of the petition be served on the Respondents. The Respondents are granted further period of two weeks from 26.08.2024 to file a reply to the amended petition.

3. List the petition on 11.09.2024.

4. Misc. Civil Application is disposed of. VALMIKI MENEZES, J.

M. S. KARNIK, J.

Signed by: AMRUT NAGESH TARI Designation: Personal Assistant Date: 07/08/2024 15:43:32 6th August, 2024