Ingrid Cotta., v. State Of Goa, Thr. Chief Secretary, Govt. Of Goa And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 785 OF 2017 INGRID COTTA., ... Petitioner

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STATE OF GOA, THR. CHIEF SECRETARY, GOVT. OF GOA AND 2 ORS., ... Respondents Mr. Vivek Angelo Rodrigues, Advocate for the petitioner. Mr. Dattaprasad Lawande, Advocate General with Mr. Amogh Prabhudessai, Additional Government Advocate for respondent Nos.1 and 2.

Coram:- SHANTANU S. KEMKAR & NUTAN D. SARDESSAI, JJ.

Date:- 30th January 2018 P.C.:

Challenging the order dated 03rd October,2017(Exhibit-H) passed by the Deputy Town Planner rejecting the petitioner's proposal for revised plan, the petitioner filed this petition.

2. The learned Advocate General, on instructions, submits that in fact the petitioner's claim ought to have been considered in the light of order dated 4th June,2012 (Exhibit-D) and in the circumstances the impugned order dated 03rd October,2017 (Exhibit-H) may be allowed to withdraw with a liberty to the State to reconsider the petitioner's claim afresh taking into consideration the order dated 04th June,2012 (Exhibit-D).

WP/785/2017

3. In view of the aforesaid and as agreed, we dispose of this petition by setting a side the impugned order dated 03rd October,2017(Exhibit-H) and by directing the competent Authority of the respondent-State to reconsider the petitioner's claim afresh taking into consideration the order dated 04th June,2012.

4. We expect that the appropriate decision as aforesaid will be taken as early as possible preferably within one month from the date of receipt of this order.

5. The petition is disposed of.

NUTAN D. SARDESSAI, J.

SHANTANU S. KEMKAR, J.

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