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Bombay High CourtWP/724/2023disposed of

Ravi Harmalkar And ANR v. State Of Goa Thr Chief Secretary And 3 ORS

2025-02-17Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Ms Justice Nivedita P. Mehta2 pages

WP 724 of 2023 Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.724 OF 2023 WITH MISC.CIVIL APPLICATION NO.1103 OF 2024 (F) WRIT PETITION NO.724 OF 2023 RAVI HARMALKAR AND ANR ... PETITIONERS

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STATE OF GOA THR CHIEF SECRETARY AND 3 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.1103 OF 2024 (F) IN WRIT PETITION NO.724 OF 2023 ASHOK KANDHARI ... APPLICANT

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RAVI HARMALKAR AND 6 ORS ... RESPONDENTS Mr. H. D. Naik, Advocate (Through VC) for the Petitioners. Ms Akshata N. Bhat, Addl. Govt. Advocate for Respondents -State. Mr. Deepak Gaonkar, Advocate for Respondent no.2. Mr. Sahil Sardessai, Advocate (Through VC) for Respondent No. 3. Shri Manish Salkar, Advocate for the GSPCB-Respondent No.5. CORAM:- M. S. KARNIK & NIVEDITA P. MEHTA, JJ.

DATED :- 17th February, 2025 P.C.

In view of the order dated 10.02.2025 passed by the Goa Coastal Zone Management Authority (GCZMA), directing the respondent no. 3 to make the payment of a sum of Rs.77,92,662.50, for the present, nothing survives for consideration in the present petition as the order dated 10.02.2025 will have to be challenged by the respondent no. 3 17th February, 2025

WP 724 of 2023 before the appropriate forum. All contentions as to the grounds of challenge to the order dated 10.02.2025 are kept open.

2. We have not expressed any opinion on the merits of this case. It needs to be clarified that an amount of Rs.45 Lakhs is deposited by the respondent no. 3 in this Court. Such deposit will abide by the order passed by appropriate forum if the order dated 10.02.2025 is challenged. Liberty to file an appropriate application for withdrawal of the amount which is deposited is kept open after the appeal is decided by the Appellate Authority. If no appeal is preferred, liberty to file application by GCZMA for withdrawal after 60 days. We are informed by Mr. Naik that the building in question has already been demolished.

3. In view of the above, nothing survives for consideration in the Writ Petition and the same is disposed of. No costs.

4. Applications, if any, stand disposed of. NIVEDITA P. MEHTA, J.

M. S. KARNIK, J.

Signed by: ANDREZA RODRIGUES EPEREIRA Designation: Private Secretary Date: 18/02/2025 13:32:45 17th February, 2025