Sandeep Prabhakar Mandrekar v. The State Of Goa, Thr. Its Chief Secretary And 4 ORS.
2025:BHC-GOA:2410 Suzana
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.478 OF 2025 SANDEEP PRABHAKAR MANDREKAR ... PETITIONER
Versus
THE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 4 ORS.
... RESPONDENTS Mr. Sahil Sardesai, Advocate for the Petitioner. Mr. Geetesh Shetye, Addl. Govt. Advocate for Respondent Nos. 1 to 3.
Mr. Luis Fernandes, Advocate for Respondent No. 4. CORAM:- VALMIKI MENEZES, J.
DATED :- 5th December, 2025 P.C.
1. Heard Mr Sahil Sardessai, learned Counsel for the Petitioner, Mr Geetesh Shetye, learned Additional Government Advocate for Respondents No.1 to 3 and Mr Luis Fernandes, learned Counsel for Respondent No.4.
2. The main contention raised in this Petition is that the Collector has refused to conduct a site inspection to ascertain whether the buildings which are found at the site are partly outside the original converted area of 490 square metres granted by order dated 20.08.2024. From the record and specifically from the affidavit and the plan filed by the Respondent No.4, which has been granted technical approval by the
Town and Country Planning, two buildings had been given technical approval. Thereafter, the Respondent No.4 has applied for additional conversion of an area of 405 square metres; if this conversion were allowed, the entire holding of 895 square metres, forming Survey No.48/1-C-14 would be converted under Section 32 and Section 33 of the Goa Land Revenue Code, 1968. What is pending before the Collector is the second application dated 08.04.2024 for the area of 405 square metres, and it appears that it is pending only because the present Petition has not been disposed of.
3. Considering that the application for the balance area of 405 square metres is pending before the Collector under Case No.DCB/BICH/CNV/CDB/co4-24-51, and the next date of hearing is on 06.01.2026, there is no site inspection required at this stage, considering that the Collector would obviously take into consideration the zoning of the entire land and the technical approvals already granted by the Town and Country Planning Department and decide whether the conversion is required to be granted or not. In this view of the matter, there is no cause for interference with the impugned order. Suffice it to state that the Collector shall now decide the application for conversion of the balance portion of 405 square metres under the application dated 08-04-2024 and the Petitioner's complaint/objection dated 06.02.2024 after hearing the Petitioner and Respondent No.4 and after taking into consideration such documents that may be placed by them before him. The Collector is requested to dispose of the
application preferably by 15.02.2026. It is made clear that all issues which the Petitioner has raised with regard to his challenge to the technical approvals granted would obviously not lie before the Collector, and the Petitioner is now free to take up such cause before the appropriate forum as provided by law.
4. With the above observations and directions, the Petition stands dismissed. No costs.
VALMIKI MENEZES, J.
Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 08/12/2025 11:06:36