Richard D'Souza., v. State Of Goa, Thr. The Chief Secretary Of Govt. Of Goa And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 928 OF 2019 RICHARD D'SOUZA., ... Petitioner

Versus

STATE OF GOA, THR. THE CHIEF SECRETARY OF GOVT. OF GOA AND 2 ORS., ... Respondents Mr. Gajendra Usgaonkar, Advocate for the Petitioner. Ms. Sapna Mordekar, Additional Government Advocate for the Respondents.

Coram:- M. S. SONAK & C. V. BHADANG, JJ.

Date:- 18th November, 2019 P.C.

After this matter was argued for some time, Mr. Usgaonkar, the learned Counsel for the petitioner, states that the petitioner will, within two weeks from today, make a representation to the Deputy Town Planner, Mapusa, inter alia urging that the petitioner deserves a relaxation in the matter.

2. Ms. Mordekar, the learned Additional Government Advocate for the respondents, on instructions, states that if, such a representation is made, within two weeks, the same will be disposed off within a period of six weeks from the receipt thereof.

WP/928/2019

3. If, such a representation is made, the Deputy Town Planner, Mapusa to afford an opportunity of hearing to the petitioner before the representation is disposed off and shall not be influenced by the impugned order dated 16.04.2019.

4. In view of the aforesaid, Mr. Usgaonkar, on the basis of instructions, for the present, does not press the Petition. He, however, submits that if, ultimately, the representation is rejected, liberty be reserved to the petitioner to re-institute the present Petition, inter alia to challenge Rule 4.7 of the Goa Land Development and Building Construction Regulations, 2010 and to raise all other issues as well.

5. Accordingly, we grant liberty to withdraw the Petition, with no order as to costs, with liberty as prayed.

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

C. V. BHADANG, J.

M. S. SONAK, J.

EV