Goa Coastal Zone Management Authority, Thr. Its Member Secretary. v. Mohinder Kaur Paintal
vinita
IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO.1829 OF 2024 (F) WITH WRIT PETITION NO.772 OF 2023, MISC.CIVIL APPLICATION NO.338 OF 2024, MISC.CIVIL APPLICATION NO.2012 OF 2024 (F) MISC.CIVIL APPLICATION NO.1829 OF 2024 (F) MARILYN AGASTA SABRINA JUDITH SOARES E FERNANDES GOVEIA ... APPLICANT
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STATE OF GOA, THR. THE CHIEF SECRETARY AND 3 ORS ... RESPONDENT WITH WRIT PETITION NO.772 OF 2023 MOHINDER KAUR PAINTAL ... PETITIONER
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STATE OF GOA THR THE CHIEF SECRETARY AND 3 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.338 OF 2024 GOA COASTAL ZONE MANAGEMENT AUTHORITY, THR. ITS MEMBER SECRETARY.
... APPLICANT
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MOHINDER KAUR PAINTAL ... RESPONDENT WITH MISC.CIVIL APPLICATION NO.2012 OF 2024 (F) ASHLEY COUTINHO ... APPLICANT
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STATE OF GOA, THR. THE CHIEF SECRETARY AND 3 ORS.
... RESPONDENTS Mr S. S. Kantak, Senior Advocate with Mr P. Lotlikar, Ms. S. Desai and Ms N. Kholkar, Advocate for the applicant. Ms Maria Correia, Additional Government Advocate for respondent Nos.1, 2 and 5.
Mr Parag Rao and Mr A. Parrikar, Advocates for respondent No.4. Mr P.A. Kamat, Advocate for respondent no. 3. Mr. Amey Kakodkar and Mr P. Shirodkar, Advocate for the original petitioner.
CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.
DATED :- 9th July, 2025 P.C.
Misc Civil Application No. 2012 of 2025/F, seek an intervention at the instance of applicant, purchaser of villa no.3, a property situated in the project 'Goveia Marina' and the claim is that the villa is situated on the northern side of the property bearing survey no.310/1 and lies on the southern boundary bearing survey no. 318/2. 2 It is the case of the applicant that there is no lagoon in the property bearing survey no. 310/1. In in any case, it is specifically pleaded that if the directions issued by the Court are to be implemented, it would have an impact on the petitioner, who is entitled to enjoy her property and in any case direction to restore the lagoon is to be implemented it should in no way impact her property.
3. Mr Rao, learned counsel representing respondent no. 4, has vehemently urged before us that practically there is no scope of expanding the area, whereas according to the learned counsel for the petitioner, the lagoon must be restored.
4. In the whole conundrum, we deem it appropriate to direct site inspection by a private agency. Since all the respective counsel has agreed for the appointment of the Officer from the Directorate of Settlement and Land Records North Goa(DSLR) to carry out site inspection on 15.7.2025 at 11.00a.m and we permit the representative of the petitioner, representative of respondent no. 4 as well as
representative of Goa Coastal zone Management Authority to remain present at the site.
5. The DSLR shall carry out site inspection and furnish its report to this Court on or before 22.7.2025 in a sealed envelope. This order shall be communicated to the Survey officer i.e, DSLR by Ms Maria Corriea, learned Addl. Govt. Advocate so that he can act upon the same.
It is made clear that no fresh notice for inspection shall be issued to either party.
6. We direct that the authority carrying out inspection shall be furnished with sanction plan, survey plan as well as necessary directions passed by the authority as well as this Court from time to time.
7. Renotify to 22.7.2025.
NIVEDITA P. MEHTA, J.
BHARATI DANGRE, J.
Signed by: VINITA VIKAS NAIK Designation: Personal Assistant Date: 11/07/2025 15:50:51