High CourtsDivision Bench

La Marvel Residents Welfare Association vs North Goa Planning and Development Authority and Ors

Bombay High Court · Decided on 22 January 2008 · Citation: (2008) 01 BOM CK 0160

HON’BLE JUDGES
N.A. Britto, J · D.B. Bhosale, J
CASE NUMBER
Writ Petition No. 28 of 2008

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Judgment

5 paragraphs · 253 words
1.

Heard Mr. Sonak, learned Counsel for the Petitioner and Mr. Nadkarni, learned Counsel for Respondent No.1. Mr. Sonak, learned Counsel for the Petitioner, at the outset, submitted that the Petitioner would be satisfied if directions are given to Respondent No.1 to comply the order dated 17/06/1999 passed by the Town and Country Planning Board, Government of Goa at Panaji. The order dated 17/06/1999 is annexed to the petition at Annexure G, which reads thus:

After hearing both the parties the Board concluded that the issues arise from the violation of the approved open space in the original sub-division. The approved plan which itself has to be clarified and the PDA has to make a judgment that there has been a violation of the approved plan. Accordingly the case is remanded to the Authority for disposal according to the law and in light of the above observations.

We are informed till this date Respondent No.1 has not decided the matter after remand by the aforesaid order. In the circumstances, we are satisfied that this petition can be conveniently disposed of by the following order:

(a) Respondent No.1 shall dispose of the matter in pursuance of the order dated 17/06/1999, as expeditiously as possible and preferably and within a period of eight weeks from the date of receipt of this order on merits in accordance with law. It is needless to express that Respondent no.1 shall give an opportunity of being heard to all the concerned.

With these observations, Writ Petition is disposed of.