Estilo Moderno Realty Pvt. Ltd., Rep. By Its Auth. Sig., Eknath Dhuri And ANR., v. State Of Goa, Thr. The Chief Secretary And 2 ORS.,

1 WP1157-18dt.08.04.2019 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.1157 OF 2018 1.Estilo Moderno Realty Pvt. Ltd., having its Registered Address at Tivim Industrial Estate, Karaswada, Mapusa Goa.

Represented by its Authorized Signatory, Mr. Eknath Dhuri, s/o Mr. Shankar Dhuri, resident of Villa No.RV2, The Colonia, Zoriwada, Davorlim, Salcete Goa pursuant to resolution of the Board of Directors dated 12.11.2018.

2.Dr. Sagar D. Salgaocar, major of age, Indian National, r/o 196/E/4, Sharvani, Near Government Sports Complex, Pedem, Mapusa, Bardez Goa.

.... Petitioners

Versus

1.State of Goa, through the Chief Secretary, having office at Secretariat, Porvorim Goa.

2 WP1157-18dt.08.04.2019 2.The Member Secretary, Goa State Pollution Control Board, having office at Dempo Towers, EDC Complex, Patto Plaza, Panaji Goa.

3.The Secretary, Village Panchayat of Sancoale, Mormugao, through its Secretary having office at "Office of the Village Panchayat Sancoale", PO Cortalim, Sancoale, Murmugao Goa 403 710.

...

Respondents Mr. Parag S. Rao, Advocate for the Petitioners. Mr. D. Lawande, Advocate General with Mr. A. Prabhudessai, Addl. Government Advocate for Respondent No.1.

Mr. D. Lawande, Advocate General with Mr. A. Prabhudessai, Addl. Government Advocate for Respondent No.2 (GSPCB). Mr. B. Rodrigues, Advocate for Respondent No.3. Coram : R. D. Dhanuka & Prithviraj K. Chavan, JJ.

Date : 8 th April, 2019 Oral Judgment ( Per R. D. Dhanuka, J ) Rule. The learned Advocate General waives service for

3 WP1157-18dt.08.04.2019 Respondent Nos.1 and 2. The learned counsel for Respondent No.3 waives service.

2.

By consent of the parties, the matter is heard finally. 3.

By this petition, the Petitioners seek a writ of mandamus directing the Respondent No.3 to issue construction licence to the Petitioners pursuant to the application dated 13 th April, 2018 and for other reliefs.

4.

The learned counsel for the Petitioners invited our attention to the undertaking annexed as Exhibit 'J' to the petition dated 5 th December, 2018 to deal and treat the entire wet waste generated in the project known as Estilo Patio in survey No.259/8 of Village Sancoale within the project area.

5.

The learned counsel for the Respondent No.3 states that in view of the undertaking rendered by the Petitioners, Respondent No.3 would issue the construction licence pursuant to the application dated 13 th April, 2018 within one week from today. The

4 WP1157-18dt.08.04.2019 undertaking rendered by the Petitioners is accepted. The statement made by the learned counsel for the Respondent no.3 is accepted. The construction licence shall be issued within one week from today to the Petitioners on compliance with any other formalities. It is made clear that if the Petitioners commit any breach of such undertaking, the Respondent No.3 would be at liberty to take appropriate action in accordance with law. Rule is made absolute in the aforesaid terms. No order as to costs.

6.

Parties to act on the basis of the authenticated copy of this order.

Prithviraj K. Chavan, J. R. D. Dhanuka, J. at*