Dismissed

Shri. Dr. Victor De Souza v. State of Goa through Chief Secretary and 4 Ors.

Bombay HC1 Dec 2008WP/513/2008

Case brief

AI extract

What is this about?

This writ petition challenged the construction of a building due to inadequate septic facilities and garbage disposal. The court accepted undertakings from respondents to rectify deficiencies before issuing the Occupancy Certificate and dismissed the petition.

What did the court decide?

The writ petition was dismissed as the grievance stood redressed by the undertakings given by the respondents.

Shri. Dr. Victor De Souza Vs State of Goa through Chief… — Property and Title | Bombay HC (2008)

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO. 513 OF 2008

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Shri Dr. Victor De Souza ... Petitioner

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versus

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State of Goa through

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Chief Secretary and 4 others. ... Respondents

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Mr. J. A. Lobo, Advocate for the Petitioner.

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Mr. S. S. Kantak, Advocate General with Ms. R. Chodankar, Additional Government Advocate for Respondent Nos.1, 5 to 7.

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Mr. A. F. Diniz, Advocate for Respondent No.4.

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Mr. P. S. Rao, Advocate for Respondent No.2.

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CORAM : A. P. DESHPANDE & N. A. BRITTO, JJ. DATE : 1ST DECEMBER, 2008. P.C.:-

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By the present Writ Petition a grievance is made that Respondent

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No.2 is carrying out the construction of a building comprising of 29 flats in contravention of the terms of license, which permit the construction.

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Mainly two objections are raised. (1) that the septic tank and the soak pit provided in the building are not adequate and sufficient, and (2) that no proper arrangement is made for disposal of garbage at the site.

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With regard to the first contention, we had directed the Director of Health Services to visit the site in question and ascertain as to whether the septic tank and the soak pit are constructed in adherence to the conditions of license. A report is placed on record indicating the deficiencies.

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The learned Counsel appearing for Respondent No.2 on behalf of the said Respondent undertakes that the deficiencies will be removed in compliance with the report of the Director of Health and appropriate septic tank and soak pit would be provided.

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We accept the undertaking.

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About the other objection in relation to the garbage disposal, the stand of Respondent No.1 is that the authorities are obliged to verify as to whether a given construction is in conformity with the terms and conditions of the license before issuing the N.O.C. for Occupancy Certificate.

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The authorities are not supposed to visit the site unless and until the same is complete. One of the conditions of the permit being condition no.17 requires that proper arrangement should be made for disposal of garbage in the plot/property.

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The learned Advocate General for Respondent No.1 assures the Court that before issuing the N.O.C. for Occupancy Certificate the building would be inspected and compliance of the terms and conditions of the license will be

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insisted upon and only thereafter N.O.C. would be issued.

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In this view of the matter, the grievance of the Petitioner made in

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this petition stands redressed and the petition is thus disposed of.

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A. P. DESHPANDE, J.

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N. A. BRITTO, J.

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Shri. Dr. Victor De Souza v. State of Goa through Chief Secretary and 4 Ors.

Case brief

What is this about?

What did the court decide?

Shri. Dr. Victor De Souza v. State of Goa through Chief Secretary and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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