Dean D Cruz v. The State Of Goa, Thr. The Chief Secretary And 3 ORS.
WP 608 of 2024 shakuntala
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.608 OF 2024 WITH MISC.CIVIL APPLICATION NO.157 OF 2025 (F), MISC.CIVIL APPLICATION NO.1125 OF 2025 (F) WRIT PETITION NO.608 OF 2024 DEAN D CRUZ ... PETITIONER
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THE STATE OF GOA, THR. THE CHIEF SECRETARY AND 3 ORS.
... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.157 OF 2025 (F) DEAN D CRUZ ... APPLICANT
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THE STATE OF GOA, THR. THE CHIEF SECRETARY AND 3 ORS.
... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.1125 OF 2025 (F) DEAN D CRUZ ... APPLICANT
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THE STATE OF GOA, THR. THE CHIEF SECRETARY AND 3 ORS.
... RESPONDENTS Ms Norma Alvares, Senior Advocate with Mr Om D'Costa, Advocate for the Petitioner.
Mr Siddharth Samant, Additional Government Advocate for Respondent Nos.1,2 and 3.
CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.
DATED :- 14th July, 2025 P.C.
1. In terms of our previous order, a site inspection was carried out, and Mr. Samant, learned Additional Government Advocate, placed a 14th July, 2025
WP 608 of 2024 site inspection report on record. The whole conundrum, in the wake of the contentions advanced before us, is the determination of the location of the central line from which the distance of 15.50 mts. is to be measured.
2. We made a serious attempt to resolve the controversy, however, since we find that the approved plan has definitely shown different measurements from those reflected in the latest site inspection report, we are of the view that it would be appropriate to leave the matter to the competent authority to pass a reasoned order and communicate to the petitioner as to why completion certificate cannot be granted to the petitioner.
Depending upon the said communication, the petitioner is at liberty to avail such appropriate remedies as are available in law. We must, however, clarify that we have not expressed any opinion on the merits of the case, and all rights and contentions of the parties are left open to be agitated before the appropriate authority. Writ Petition stands disposed of accordingly. All pending Miscellaneous Civil Applications stand disposed of in consequence. NIVEDITA P. MEHTA, J.
BHARATI DANGRE, J.
Signed by: SHAKUNTALA ZALMI Designation: Personal Assistant Date: 15/07/2025 17:12:51 14th July, 2025