High CourtsSingle Bench(2005) 05 BOM CK 0002

Rabindranath Martins de Barros and Others vs Town and Country Planning Department

Bombay High Court · Decided on 4 May 2005 · Citation: (2005) 5 BomCR 197

HON’BLE JUDGES
Lavande A.P., J
CASE NUMBER
Writ Petition No. 385 of 2004

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Judgment

4 paragraphs · 190 words

Lavande A.P., J.—Rule Mr. Joshi, learned Government Advocate waives notice on behalf of the respondents. By consent heard forthwith.

2.

By this petition, the petitioners challenge the order dated 25th May, 2004 passed by the respondent No. 2, dismissing the appeal filed by the petitioners u/s 45(1) of the Goa Town and Country Planning Act, 1974, (hereinafter referred to as "the Act").

3.

Mr. Kantak, learned Counsel appearing for the petitioners submitted that the appeal has been disposed of by a one line order without giving any reasons and on that ground the impugned order deserves to be set aside. It is by now well-settled that any order passed by a Court or a quasi judicial authority must give reasons. Mr. Joshi, learned Government Advocate appearing for the respondents, has fairly not disputed this position.

4.

Accordingly, the impugned order dated 25th May, 2004, passed by the respondent No. 2 is quashed and set aside. The respondent No. 2 is directed to dispose of the appeal filed by the petitioners within a period of ten weeks from today. Rule made absolute in the aforesaid terms. No order as to costs.