Raman Madhok v. State Of Goa Thr Its Chief Secretary And 4 ORS

5 WP 680 OF 2023.ODT Esha

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 680 OF 2023 RAMAN MADHOK VS STATE OF GOA THR. ITS CHIEF SECRETARY & 4 OTHERS ... PETITIONER ... RESPONDENTS Ms. Simran Khadilkar, Advocate for the Petitioner. Mr. Devidas J. Pangam, Advocate General with Mr. Geetesh Shetye, Additional Government Advocate for Respondent Nos. 1, 2 and 3.

Mr. Jitendra P. Supekar, Advocate for Respondent No. 5.

CORAM:

PRAKASH D. NAIK & BHARAT P. DESHPANDE, JJ.

DATED:

10th NOVEMBER 2023 P.C.

1.

The limited relief sought in this Petition is to issue direction to Respondent Nos. 1 to 4 to fix the joint site inspection to be conducted in respect of open space "OP-1" to conduct survey to confirm the said open space at site to the extent of 8,330 square metres and to prepare the survey report as regard the same in time bound manner.

2.

The Petitioner filed Writ Petition No. 2495/2022 (F) for a direction to Respondent Nos. 1 to 4 to take action in accordance with law against Respondent No. 5 to have reserved space "OP-1" restored to its original approved area of 8,330 square metres. The said Petition was disposed by order dated 22.12.2022. Statement was made that after the completion work, the open space to the extent of 8,330 square metres will be maintained at the site. 10th November 2023

5 WP 680 OF 2023.ODT 3.

The Petitioner contended that inspite of several representations, the undertaking given to this Court was not adhered to.

4.

Respondent No. 3 forwarded a communication indicating that joint site inspection would be continued on 30.10.2023. 5.

The Petitioner contends that pursuant to order dated 20.10.2023, the Respondents had fixed joint site inspection, however, the Petitioner had requested for postponing the inspection on account of Petitioner's non-availability. 6.

Joint site inspection is fixed on 16.11.2023 at 11:00 a.m. 7.

The Petitioner and Respondent No. 5 should participate in the joint inspection on 16.11.2023. In the event, the Petitioner and Respondent No. 5 do not participate in the joint inspection on 16.11.2023, the Authorities are at liberty to proceed with the joint inspection.

8.

After completing site inspection, report should be prepared within one week. In the event, an Application is preferred for providing copy of the report, the same may be provided within one week from receipt of such Application.

9.

Petition is disposed of.

BHARAT P. DESHPANDE, J.

PRAKASH D. NAIK, J.

VAIGANKAR ESHA SAINATH ESHA SAINATH Date: 2023.11.10 15:54:15 +05'30'

10th November 2023