The petition challenging development permissions was dismissed as unnecessary since the petitioner has an efficacious remedy in civil court. The Court left title and entitlement issues for determination by the Civil Court.
No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 WP809-18dt.11-02-2019
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.809 OF 2018
Filomena Joanita Menezes … Petitioner Versus … Kamat Real Estate Developers & Ors. Respondents
Mr. Nigel Da Costa Frias and Ms. M. Correia, Advocates for the Petitioner.
Mr. S. D. Lotlikar, Senior Advocate with Ms. A. Araujo, Advocate for Respondent Nos.1 to 4.
Mr. S. Mahambrey, Advocate for Respondent No.5.
Mr. B. Thali, Advocate for Respondent No.6.
Coram : M. S. Sonak & Prithviraj K. Chavan, JJ.
Date : 11th February, 2019
P.C.
Heard Mr. Nigel Da Costa Frias, learned counsel for the Petitioner, Mr. Lotlikar, learned Senior Advocate for Respondent Nos.1 to 4, Mr. B. Thali, learned counsel for Respondent No.6 and Mr. Mahambrey, learned counsel for Respondent No.5.
2 WP809-18dt.11-02-2019
3 WP809-18dt.11-02-2019
4 WP809-18dt.11-02-2019
Petitioner and the Respondent Nos.1 to 4 and therefore, all such issues as to the title and entitlement to construct are left open to be decided by the Civil Court in accordance with law and on its own merits.
Prithviraj K. Chavan, J. M. S. Sonak, J.
_at_*
2 issues framed by the court
Whether the filing of a writ petition is necessary when the petitioner has an alternate remedy in civil court regarding title and construction entitlement.
Whether the statutory bar under planning legislation prevents a suit to restrain construction on property where title is disputed.
Colour shows how this judgement treated each authority
State of Maharashtra and OthersReferred¶19
Vs State of Maharashtra and Others<sup>1</sup> Raja Bahadur Motilal and Another
Filomena Joanita Menezes
Kamat Real Estate Developers
M. S. Sonak
Prithviraj K. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
