Mr. Eustaquio Vincente Salvador Goes, Thr. Poa Mr. Mahesh R. Adwalpalkar And 2 ORS., v. Ribander Chimbel Rakhon Samiti, Through Chairman Luis D'Souza.,
IN THE HIGH COURT OF BOMBAY AT GOA
MISCELLANEOUS CIVIL APPLICATION NOS. 909, 910, 911 & 912 OF 2016 IN WRIT PETITION NO. 41/2009 MISCELLANEOUS CIVIL APPLICATION NO. 909/2016 MODEST BUILDERS, THR. ITS PARTNER, MR. MAHESH ADWALPALKAR., ... Applicant
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RIBANDER CHIMBEL RAKHON SAMITI, THR. CHAIRMAN MR. LUIS D'SOUZA., ... Respondent MISCELLANEOUS CIVIL APPLICATION NO. 910/2016 VELHO MICROBREW PVT. LTD., THR.
ITS AUT. POA, MR. MAHESH R.
ADWALPALKAR., ... Applicant
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RIBANDER CHIMBEL RAKHON SAMITI, THROUGH CHAIRMAN LUIS D'SOUZA., ... Respondent MISCELLANEOUS CIVIL APPLICATION NO. 911/2016 MR. EUSTAQUIO VINCENTE SALVADOR GOES, THR. POA MR. MAHESH R.
ADWALPALKAR AND 2 ORS., ... Applicants
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RIBANDER CHIMBEL RAKHON SAMITI, THROUGH CHAIRMAN LUIS D'SOUZA., ... Respondent
MISCELLANEOUS CIVIL APPLICATION NO. 912/2016 MRS. ANGELA FILOMENA FERNANDES E GOES, THR. POA MR. MAHESH R.
ADWALPALKAR AND ANR., ... Applicants
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RIBANDER CHIMBEL RAKHON SAMITI, THROUGH CHAIRMAN LUIS D'SOUZA., ... Respondent *** Mr. Shivan Desai, Advocate for the Applicants. Mr. Nigel Da Costa Frias, Advocate for the Respondent/Petitioner in Writ Petition No. 41/2009.
Mr. S. Lotlikar, Advocate General with Mr. A. Gomes Pereira, Additional Government Advocate for the State. Coram : SMT. R.P. SONDURBALDOTA & C.V. BHADANG JJ.
Date : 20 th December, 2016 P.C:
This is a common order in the above civil applications seeking identical relief of modification of the interim order dated 04.03.2010 passed in the above writ petition to the extent it affects the applicants and a direction to the Town and Country Planning Department and the Village Panchayat of Chimbel, to Necessary correction carried out in terms of consider their applications for development of their respective Hon'ble Court Order dated 20/3-A, 20/3-B and 20/3-C 10.02.2017 passed in MCA properties situate at Survey nos.59/1, of village Chimbel. No. 102/2017
2.
Perusal of the record shows that the order under modification was passed directing the village panchayat, not to process any application for development of land projects of more than 10 tenements, in view of inadequate infrastructural facilities. At the relevant time, the Goa Land Development and Building Regulations were still at the draft stage, and the suggestions invited from the general public still to be considered. 3.
Mr. Desai, learned Counsel appearing for the applicants submits that undisputedly, the Regulations have since been finalised in the year 2010 and have been in force. Consequently, there should be no difficulty, for the applications of the applicants, being processed by the concerned Authorities in terms of those regulations. Mr. Nigel Costa Frias, learned Counsel for the original petitioner, on the other hand submits that the larger question of actual existance and availability of the infrastructure that can sustain the proposed construction and development work still remains to be addressed and requires due consideration. He also requests for liberty to make representations as regards the development projects of the applicants herein.
4.
In the facts and circumstances of the case, we find substance in the submissions of both the Counsel and in our opinion, the following order would serve the private interest of the applicants as well as the public interests:
O R D E R
(i) The applications are allowed.
(ii) The original petitioners are at liberty to make representation to the Town and Country Planning Department and the Village Panchayat of Chimbel, in respect of the applications of the applicants. Any such representation made shall be duly considered.
(iii) Respondent nos. 2, 3 and 13 are directed to file affidavit, within six weeks from today, disclosing the status of the infrastructure actually available for developmental activities in Ribandar, Chimbel.
C.V. BHADANG, J. R.P. SONDURBALDOTA, J. EV