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2000 Supreme(SC) 1776

G.B.PATTANAIK, UMESH C.BANERJEE
Goa Foundation, Goa – Appellant
Versus
Diksha Holdings Private LTD. – Respondent


JUDGMENT

Pattanaik, J.-This appeal by the Goa Foundation, is directed against the judgment of the Bombay High Court dated 8th of October 22, 1999, dismissing the writ petition filed by the appellant. Initially, the appeal had been filed through counsel, but later on, the appearing counsel having withdrawn, the appeal was argued by the Secretary of the Goa Foundation, Dr. Claude Alvares. The appellant filed the writ petition before the High Court as a Public Interest Litigation, objecting to the construction of a hotel on a plot of land situated in the area of Nagorcem, Palolem, Taluka-Cancona, Goa, inter alia, on the ground that the land in question comes within CRZ-I, and as such it is not permissible to have any construction on the same plot of land. It was also contended that the plan and sanction obtained for such construction from the competent authority, are in contravention of the provisions of the Environment (Protection) Act and such permission has been granted by the concerned authority without application of mind and without considering the relevant materials, and, therefore, the Court should issue mandamus, injuncting the hotelier - Diksha Holdings Pvt. Ltd., from const






























































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