Swapna Developers, Rep. By Its Partner, Prakash Kapurchand Kothari., v. Rosario Fernandes And ANR.,

1 mca965-17dt12-12-17 Santosh IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO.965 OF 2017 IN WRIT PETITION NO.386 OF 2017 Swapna Developers.

......

Applicant.

Versus

Rosario Fernandes and Anr.

...... Respondents.

Ms. D. Shirgam, Advocate for the Applicant.

Mr. Nigel da Costa Frias, Advocate for the Respondent No.1 & 2Original Petitioners. Mr. A. Gomes Pereira, Additional Govt. Advocate for the original Respondents No.3 & 4.

Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ.

Date : 12 December 2017.

P.C. :

This application is taken out for modification of the Order dated 27 September 2017 in Writ Petition No.386/2017. 2.

The learned Counsel for the Applicant-original Respondent No.1 states that reference to the permission to be obtained from the Town and Country Planning Department for construction of the drain, is unnecessary. According to the learned

2 mca965-17dt12-12-17 Counsel for the Respondents No.1 & 2, the permission from the Town and Country Planning Department is contemplated.

3. We do not think that the order, as it stands, in any way prejudices the Applicant-original Respondent No.1. If the Applicantoriginal Respondent No.1 makes an application to the Town and Country Planning Department and the Town and Country Planning Department finds that in law their permission is not necessary for construction of the drain, the Town and Country Planning Department will no doubt inform the Applicant accordingly.

4. In view of this position, no further clarification is required. The Civil Application is accordingly disposed of. Prithviraj K. Chavan, J. N.M. Jamdar, J.