Disposed

Ajit Narayan Parulekar and Anr., v. the State of Goa, Thr. Its Chief Secretary and 4 Ors.

Bombay HC12 Feb 2020PILWP/66/2019

Case brief

AI extract

What is this about?

In a PIL concerning unauthorized constructions and potential encroachment on government property, the Court granted liberty to the petitioners to challenge the Municipal Council's order. The petitioners were also granted leave to file fresh proceedings against communications from the Planning Authorities, with all contentions left open.

What did the court decide?

Liberty granted to challenge the impugned order and to file fresh writ proceedings against the Planning Authority communication.

Ajit Narayan Parulekar and Anr., Vs the State of Goa, Thr… — Land Acquisition | Bombay HC (2020)

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IN THE HIGH COURT OF BOMBAY AT GOA

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PUBLIC INTEREST LITITGATION WP NO.66 OF 2019

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1. Ajit Narayan Parulekar and anr.,

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.... Petitioners.

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 Versus.

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1. The State Of Goa,
 thr. its Chief Secretary and 4 ors. ….Respondents

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Mr. Nigel Da Costa Frias with Mr. B. Pacheco, Advocates for the
petitioners.

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Mr. Shivadatta Munj, Additional Government Advocate for the
respondents no.1, 2 and 5.

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Mr. Ashwin D. Bhobe, Advocate for the respondent no.3.

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Mr. Shivan Desai, Advocate for the respondent no.4.

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 Coram : M. S. SONAK &
 SMT. M.S. JAWALKAR, JJ.
 Date : 14th February, 2020.

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P.C. :

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Heard Mr. Nigel Da Costa Frias with Mr. B. Pacheco,

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the learned Counsels for the petitioners, Mr. Shivadatta Munj, the

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learned Additional Government Advocate for the respondents no.1, 2
and 5, Mr. Ashwin D. Bhobe, the learned Counsel for the respondent
no.3 and Mr. Shivan Desai, the learned Counsel for the respondent
no.4.

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2.The petitioners, by instituting this petition, has sought
for certain omnibus reliefs with relation to the permissions issued to
the respondent no.4 for carrying on constructions in the property
bearing Survey no.90/9 Curchorem Village, Quepem, Goa. It is the
case of the petitioners that the constructions put up by the
respondent no.4 are unauthorized and that the Government property
was sought to be passed of as access for this project.

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3.The respondent no.4 has placed on record the Judgment
and Order dated 11.09.2019 made by the Chief Officer of the
Curchorem, Cacora Municipal Council, disposing of the petitioners'
complaint dated 8.1.2019 with regard to the Occupancy Certificate
issued for the construction project. Copy of the same has been
furnished to the learned Counsel appearing for the petitioner.

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4.The learned Counsel for the petitioners on the basis of
instruction state that the petitioners will take necessary steps to
challenge the said Judgment and Order dated 11.09.2019 before the

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appropriate forum. We grant the petitioners liberty to do so, no
doubt by keeping open all objections which the respondents no.3 and
4 may have to such challenge.

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5.Mr. Nigel Da Costa Frias, the learned Counsel for the
petitioners point out that the petitioners had also made a complaint
to the Planning Authorities which, to the best of the petitioners'
knowledge has not even been disposed of.

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6.Mr. Shivan Desai and Mr. Ashwin D. Bhobe, the learned
Counsels for the respondents no.3 and 4 referred to the paragraph 19
of Judgment dated 11.9.2019 which reads as follows:

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“Subsequently letter was received from
Town and Country Planning Department,
Quepem Goa, stating that revised technical
clearance issued by their Department bearing L.
No.TPQ/Const/Curchorem/90/9/2018/1602
dtd.1/11/2019 is within the prevailing rules in
force which is not in violation of any of the
allegations made by the complainant Mr.
Vishwanath D. Naik & Mr. Ajit Narayan
Parulekar in their letter dtd. 21/01/2019 &
08/01/2019”.

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7.Mr. Munj, the learned Additional Government Advocate

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states that copy of the Letter No.TPQ/Const/Curchorem/90/9/
2019/1196 dated 8.5.2019 which is what is referred to in paragraph
19 of the Judgment dated 11.9.2019 will be made available to the
learned Counsel for the petitioners within one week from today.

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8.Mr. Nigel Da Costa Frias, the learned Counsel for the
petitioners state that the petitioners will be advised to challenge the
said communication dated 11.9.2019 in accordance with law. He
seeks leave to amend this petition for that purpose. Looking to the
omnibus prayers in this petition, it will not be appropriate to amend
this petition itself. However, liberty is granted to the petitioners to
challenge the Letter dated 8.5.2019 by filing fresh proceedings,
before the appropriate forum. Mr. Nigel Da Costa Frias, the learned
Counsel for the petitioners state that perhaps only a writ petition will
lie against such a communication. Liberty is granted, leaving
objections of all the respondents open and intact.

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9.This petition is accordingly, disposed of with liberty as
aforesaid and all contentions of all parties are specifically left open.

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SMT. M.S. JAWALKAR, J. M. S. SONAK, J.

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af*

Ajit Narayan Parulekar and Anr., v. the State of Goa, Thr. Its Chief Secretary and 4 Ors.

Case brief

What is this about?

What did the court decide?

Ajit Narayan Parulekar and Anr., v. the State of Goa, Thr. Its Chief Secretary and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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