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2012 Supreme(SC) 690

A.K.PATNAIK, SWATANTER KUMAR
VINOD KAPOOR – Appellant
Versus
STATE OF GOA – Respondent


ORDER


A. K. Patnaik, J. These are appeals by way of special leave under Article 136 of the Constitution against the orders of the Bombay High Court at Goa dismissing Civil Writ Petition No. 253 of 1999 and Civil Review Petition No. 17 of 2000.


2. The facts very briefly are that the respondent no. 8 was served with a show-cause notice dated 26.11.1996 by the North Goa Planning and Development Authority (for short ‘the Authority’). In the show-cause notice, it was alleged that the respondent no. 8 had constructed a residential bungalow on a land in Survey No.250/12 without the prior permission of the Authority as required under Section 44 of the Town and Country Planning Act, 1974 (for short ‘the Act’). It was also alleged in the show-cause notice that there was no proper access road to the property as required under the Act and that the construction was within a distance of 100 Mtrs. from Zuari river and was in breach of the Coastal Regulation Zone notification issued under the Environment (Protection) Act, 1986. By the show-cause notice, the respondent no.8 was asked to show-cause why action should not be initiated under Section 52 of the Act for demolition of the construction. By


























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