M/S Sanjan Gardens Resort (Goa) Pvt. Ltd., v. The State Of Goa Through Its Chief Secretary And 6 ORS.,
- 1 -
IN THE HIGH COURT OF BOMBAY AT GOA.
WRIT PETITION NOS. 733 OF 2015, 734 OF 2015 AND 735 OF 2015.
WRIT PETITION NO. 733 OF 2015 M/s Kariff Beach Retreat (Goa) Pvt.
Ltd., a company incorporated under the Companies Act, 1956, having registered office at RH-25, Danika Residency, Near Colva Police Station, Vanelim, Colva, Mrs. Karen Frances Young, major of age, business, RH-25, Danika Residency, Near Colva Police Station, Vanelim, Colva, Mr. Clifford Young, major of age, business, RH-25, Danika Residency, Near Colva Police Station, Vanelim, Colva, (All represented herein by their true and lawful attorney, Mr. Victor A. Vaz, Major, House No. 97, Grande Vanelim, Colva, Salcete, Goa.) Petitioners.
Versus
The State of Goa, through its Chief Secretary, Secretariat, Alto Porvorim, Bardez, Goa.
Chief Electrical Engineer, Government of Goa, Electricity Department, Vidyut Bhavan, Panaji , Goa.
The Chief Engineer, Public
- 2 - Panaji, Goa.
The Assistant Engineer-II, Sub Division II, W. D. IX, Public Panaji, Goa.
The Assistant Engineer, Electricity Government of Goa, Aquem, The Health Officer, Urban Health Centre, Government of Goa, Cansaulim.
Minguel Francisco Gomes, major of age, sole proprietor, M/s Micon Realtors, Office No.274, Ground Floor, Delia Residency, Near J. J. Costa Hospital, Opp. Our Lady of Rosary Church, Fatorda, Respondents.
WITH WRIT PETITION NO. 734 OF 2015 M/s Sanjan Garden Resort (Goa) Pvt. Ltd., a company incorporated under the Companies Act, 1956, having registered office at RH-19, Danika Residency, Near Colva Police Station, Vanelim, Colva, Mrs. Sandra Lee Stephens, major of age, business, RH-19, Danika Residency, Near Colva Police Station, Vanelim, Colva, Petitioners.
Versus
- 3 - The State of Goa, through its Chief Secretary, Secretariat, Alto Porvorim, Bardez, Goa.
Chief Electrical Engineer, Government of Goa, Electricity Department, Vidyut Bhavan, Panaji , Goa.
The Chief Engineer, Public Panaji, Goa.
The Assistant Engineer-II, Sub Division II, W. D. IX, Public Panaji, Goa.
The Assistant Engineer, Electricity Government of Goa, Aquem, The Health Officer, Urban Health Centre, Government of Goa, Cansaulim.
Minguel Francisco Gomes, major of age, sole proprietor, M/s Micon Realtors, Office No.274, Ground Floor, Delia Residency, Near J. J. Costa Hospital, Opp. Our Lady of Rosary Church, Fatorda, Respondents.
WITH WRIT PETITION NO. 735 OF 2015 M/s Hibuscus Holiday Homes, (Goa) Pvt. Ltd., a company incorporated under the Companies Act, 1956, having
- 4 - registered office at RH-18, Danika Residency, Near Colva Police Station, Vanelim, Colva, Mrs. Frances Hillary Peters, major of age, business, RH-18, Danika Residency, Near Colva Police Station, Vanelim, Colva, Mr. Alan Charles Peters, major of age, business, RH-18, Danika Residency, Near Colva Police Station, Vanelim, Colva, (All represented herein by their true and lawful attorney, Mr. Mario Agnelo Gaudancio Caetano Pereira, Major, House No. 113, Moti Vaddo, Majorda, Salcete, Goa.) Petitioners.
Versus
The State of Goa, through its Chief Secretary, Secretariat, Alto Porvorim, Bardez, Goa.
Chief Electrical Engineer, Government of Goa, Electricity Department, Vidyut Bhavan, Panaji , Goa.
The Chief Engineer, Public Panaji, Goa.
The Assistant Engineer-II, Sub Division II, W. D. IX, Public Panaji, Goa.
- 5 - The Assistant Engineer, Electricity Government of Goa, Aquem, The Health Officer, Urban Health Centre, Government of Goa, Cansaulim.
Minguel Francisco Gomes, major of age, sole proprietor, M/s Micon Realtors, Office No.274, Ground Floor, Delia Residency, Near J. J. Costa Hospital, Opp. Our Lady of Rosary Church, Fatorda, Respondents.
Mr. A. F. Diniz, Advocate for the petitioners in all petitions. Mr. V. Rodrigues, Government Advocate for the respondent nos.1 to 6 in all petitions.
Coram:-F. M. REIS, K. L. Wadane,JJ.
Date:-30th September, 2015.
ORAL JUDGMENT ( Per F. M. Reis, J) Heard Mr. A. F. Diniz, learned Advocate appearing for the petitioner and Mr. V. Rodrigues, learned Government Advocate appearing for the respondent nos.1 to 6. Rule. Heard forthwith with the consent of the learned counsel appearing for the parties. The learned Government Advocate for the respondents nos. 1 to 6 waives service.
- 6 - Mr. V. Rodrigues, learned Government Advocate appearing for the respondent nos.1 to 6 upon instructions from the Public Health Officer who is present in the Court has pointed out that the impugned order was passed on the premise that the petitioners was seeking for reconnection of the water connection which was earlier disconnected pursuant to the direction of the PWD. But, however the request of the petitioners was for essential services such as water and electricity in terms of Section 94(A) of the Public Health Act. Shri Rodrigues, further submits that to avail of such services, the petitioners have to file an application in a proper format interms of the office memorandum dated 25.1.2005. Shri Diniz, learned counsel submits that such application shall be filed within a period of one week from today.
In case such application is filed, the concerned authority shall proceed to examine such application interms of Section 94(A) of the Public Health Act, without being influenced by any observations contained in the impugned order. Such exercise shall be carried out as expeditiously as possible, and in any event, within a period of three weeks from the date of receipt of the application in accordance with law. All contentions of the parties are left open.
- 7 - Rule made absolute in the aforesaid terms.
Petition stands disposed of accordingly.
K. L. WADANE, J.
F. M. REIS, J.
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