Partly allowed

Shri Devendra K. Sardesai v. Ribander Chimbel Rakhon Samiti through Chairman Luis D'Souza

Bombay HC12 Jan 2012MCA/542/2011

Case brief

AI extract

What is this about?

The High Court of Bombay at Goa, while disposing of a miscellaneous civil application, directed the respondent to consider the applicant's request for construction permission in accordance with the newly enforced Goa Land Development and Building Construction Regulations, 2010, keeping other contentions open.

What did the court decide?

Respondent no. 4 directed to consider the applicant's application for construction permission in terms of the Goa Land Development and Building Construction Regulations, 2010.

Shri Devendra K. Sardesai Vs Ribander Chimbel Rakhon… — Landlord and Tenant | Bombay HC (2012)

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IN THE HIGH COURT OF BOMBAY AT GOA

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MISC.CIVIL APPLICATION NO. 542 OF 2011

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WRIT PETITION NO. 41 OF 2009

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SHRI DEVENDRA K. SARDESAI Versus RIBANDER CHIMBEL RAKHON SAMITI THROUGH CHAIRMAN LUIS D'SOUZA

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... Applicant

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... Respondent

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Mr. D. J. Pangam, Advocate for the applicant. Mr. N. Costa Frias, Advocate for the Original Petitioner. Mr. G. Shirodkar, Government Advocate for respondent nos. 2, 4, 5, 6, 7, 8, 9. Mr. H. D. Naik, Advocate for respondent no. 12. Mr. A. F. Diniz, Advocate for respondent no. 13.

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Coram:A. P. LAVANDE & U. V. BAKRE, JJ. Date:12th January, 2012

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P.C.

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Leave to amend. Amendment to be carried out forthwith.

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Heard Mr. D. J. Pangam, learned Advocate for the applicant and Mr. G. Shirodkar, Government learned Advocate for respondent nos. 2, 4, 5, 6, 7, 8, 9.

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By this application, the applicant seeks modification of interim order dated 4.3.2010 passed by this Court in Writ Petition no. 41/2009 and further seeks direction against respondents no. 4 to consider the application for permission to construct the building in plots no.B1 and B2 situated in survey no. 54/1 of village Chimbel.

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By Order dated 4.3.2010 passed in Writ Petition no. 41/2009,

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this Court directed Village Panchayat of Chimbel not to process any application seeking NOC for development or execution of housing, commercial, residential projects of more than 10 tenements, until further orders from this Court.

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Mr. Shirodkar, learned Government Advocate submitted that Goa Land Development and Building Construction Regulations, 2010 have already come into force and, as such, it is appropriate that the application filed by the applicant herein is considered by respondent no.4 in terms of the said regulations.

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We find merit in submission of Mr. Shirodkar. Since the above regulations have come into effect, it would be appropriate to direct respondent no. 4 to consider the application made by the applicant in accordance with the said regulations. Accordingly, we direct respondent no. 4 to consider the application of the applicant in terms of the above regulations. Needless to mention that all the contentions of respondent no.1 are kept open.

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Application stands disposed of.

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A. P. LAVANDE, J.

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U. V. BAKRE, J.

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Shri Devendra K. Sardesai v. Ribander Chimbel Rakhon Samiti through Chairman Luis D'Souza

Case brief

What is this about?

What did the court decide?

Shri Devendra K. Sardesai v. Ribander Chimbel Rakhon Samiti through Chairman Luis D'Souza

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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