Carlos Tavora., v. Boshan Developers Pvt. Ltd., Thr. Its Director, Amir Sadashiv Gaitonde And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 740 OF 2018 IN CIVIL APPLICATION NO. 158 OF 2018 CARLOS TAVORA., ... Applicant

Versus

BOSHAN DEVELOPERS PVT. LTD., THR.

ITS DIRECTOR, AMIR SADASHIV GAITONDE AND ANR., ... Respondents Shri Sudin Usgaonkar with Shri V. Palekar, Advocate for the Applicant.

Shri Shivan Desai, Advocate for the Respondents. Coram:- NUTAN D. SARDESSAI, J.

Date:- 18th September 2018 P.C.

Additional affidavit filed alongwith the annexures.

2. Without going into the rival contentions of the parties, Shri Desai, learned Counsel for the respondents submits on instructions that he has no objection for the Officers of the Goa State Pollution Control Board to go to the terrace for carrying out the statutory inspection provided a 24 hours notice is given to the respondents and without prejudice to the rights and contentions of the parties in view of the pending matter before the learned NGT.

MCA/740/2018

3. Shri Usgaonkar, learned Senior Advocate for the applicant also submits on instructions that there might arise occasion for carrying out periodic inspection of the blower for which the respondents shall give due access to the terrace as and when the occasion so arises.

4. The submission of Shri S. Desai is accepted who shall ensure compliance thereof. The respondents shall also give the access to the terrace as submitted by Shri S. M. Usgaonkar, learned Senior Counsel for the applicant.

5. In these terms, the application stands disposed off.

6. Authenticated copy of this order be issued to the parties. NUTAN D. SARDESSAI, J.

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