on record, and which appears to have been considered by the authorities whilst approving the subject plan, putting the total plinth area at 2032.32 sq. metres. When the initial construction plan (Phase-I) was before the authorities for consideration around the year 1986, the Eco Control Committee (ECC) of the State had scrutinized the plan and observed that the project was fulfilling the guidelines and norms prescribed by Eco Development Council (EDC) and decided to recommend the project for final decision. There is also on record a letter addressed by the Chief Town Planner to the Member Secretary of EDC, confirming that the project fulfilled the guidelines and norms specified by EDC and forwarding the file containing construction plans for the latter's approval. It is also on record that the original Phase I development was approved subject to the condition that the remaining land in the northern part of the plot shall be ceded to the Government. On that condition, the approval was conveyed to the predecessor of Respondent No.5 in 1986. The predecessor of Respondent No.5, thereafter, submitted plans for Phase II development, which was proposed within that part which was required to be ceded to the Government according to the original sanction. An in-principle approval was granted by EDC/ECC to this proposal, which was conveyed to the applicant sometime in 1988-1989. The minutes of meeting of EDC in this behalf (minutes of 28th ECC meeting held on 28th April, 1988) are on record. So also, is on record a communication of the Senior Town Planner, communicating such in-principle approval to the predecessor of Respondent No.5. Also on record is a letter of the Under Secretary to the Government of Goa (Tourism Department) informing the Chief Town Planner that the Government had decided to withdraw the condition regarding ceding of land (originally made part of the sanction for Phase I development). There is a communication from the Chief Town Planner, in turn, to Respondent No.4 about the Government decision to withdraw the condition regarding ceding of land. All this does show that further construction of Phase II development in respect of the areas denoted as A and C types was sanctioned by the authorities. In other words, there is ample material on record to show that these two types of structures, which were claimed as existing authorised structures, in fact did have authorisation.
