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Bombay High CourtWP/866/2018disposed of

Basilio Xavier Serrao, Thr. His Poa By Petitioner No. 2 And ANR., v. State Of Goa, Thr. Chief Secretary And 4 ORS.,

2023-12-07Hon'Ble Shri Justice Bharat P. Deshpande2 pages

WP 866 of 2018 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.866 OF 2018 BASILIO XAVIER SERRAO, THR. HIS POA BY PETITIONER NO. 2 AND ANR., ... PETITIONER

Versus

STATE OF GOA, THR. CHIEF SECRETARY AND 4 ORS., ... RESPONDENTS Mr. P. S. Lotlikar, Advocate for the petitioners. Ms. S. Kamat, Addl. Govt. Advocate for respondent nos. 1, 2 and 3. Mr. B. Rodrigues, Advocate for respondent nos. 4 and 5. CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 7th December, 2023 P.C.

Heard Mr. P. Lotlikar, learned counsel for the petitioners, Ms. S. Kamat, learned Addl. Govt. Advocate for respondent nos. 1 to 3 and Mr. B. Rodrigues, learned Advocate for respondent nos.4 and 5.

2. Petition was filed challenging revocation of the technical clearance by respondent nos. 2 and 3 only on the ground that width of the access is less than three metres.

3. Mr. Lotlikar and Mr. Rodrigues, appearing for the petitioners and respondent nos. 4 and 5 now submit that parties have settled their dispute and three mts access is carved out/provided. Accordingly, nothing survives in the present proceedings.

4. Ms. Kamat, learned Addl. Govt. Advocate appearing for respondent nos.1 to 3 would submit that since the technical clearance 7th December, 2023

WP 866 of 2018 was revoked, petitioner will have to approach the authority a fresh and only after considering the matter on merits, respondent nos. 2 and 3 will pass necessary orders. Technical clearance was revoked. However, such technical clearance was effective only for three years, period mentioned in such clearance certificate has already expired. Thus, petitioners will have to approach concerned authority a fresh. If petitioners files such application, respondent nos. 2 and 3 will have to decide it on its own merits and in accordance with law. However, three mts access is now provided, nothing survives in the present petition.

5. Accordingly, petition stands disposed of in above terms. BHARAT P. DESHPANDE, J.

Date: 2023.12.12 17:23:07 +05'30'

VINITA VIKAS NAIK 7th December, 2023