Girish Uskaikar., v. State Of Goa, Thr. Chief Secretary And 5 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 735 OF 2019 GIRISH USKAIKAR., ... Petitioner

Versus

STATE OF GOA, THR. CHIEF SECRETARY AND 5 ORS., ... Respondents Mr. Sarvesh Dinker Kamat Malyeker, Advocate for the Petitioner.

Mr.Shailesh Redkar, Addl. Government Advocate for Respondent Nos. 1 & 2.

Mr. Ashwin D. Bhobe, Advocate for Respondent No. 3. Mr. Joaquim Godinho, Advocate for Respondent Nos. 4, 5 & 6. Coram:- M. S. SONAK & NUTAN D. SARDESSAI, JJ.

Date:- 30th August, 2019 P.C.:

Heard Mr. Sarvesh Malyeker, learned Counsel for the petitioner, Mr. Shailesh Redkar, Addl. Government Advocate for respondent Nos. 1 and 2, Mr. A. Bhobe, learned Counsel for respondent No. 3 Panchayat and Mr. Joaquim Godinho, learned Counsel for respondent Nos. 4, 5 and 6.

2. The petitioner seeks an appropriate writ to direct the respondent No.2 to dispose of in accordance with law, his complaint dated 16.11.2017. Mr. Godinho, for the Respondent Nos. 4, 5 &6 submits that similar complaints made by the

WP/735/2019 petitioner have been examined by various authorities and already disposed of.

3. Mr. Shailesh Redkar, learned Addl. Government Advocate makes a statement that the respondent No. 2 i.e. Town and Country Planning Department will dispose of the petitioner's complaint as it is found at page 51 of the paper book, in accordance with law on merits within four weeks from today.

4. We add that in disposing of such complaint, the respondent No. 2 will have to comply with the principles of natural justice and fair play. Accepting the said statement and issuing directions to the compliance of natural justice, we dispose of said petition.

5. We make it clear that we have not examined the merits and demerits of the rival contentions and therefore, all discussions are left open for the decision of the Town Planner.

6. All concerned to act on the basis of the authenticated copy of this order.

NUTAN D. SARDESSAI, J.

M. S. SONAK, J.

MF/-