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2002 Supreme(Bom) 7

F.I.REBELLO, A.S.AGUIAR
Down Mangor Valley, Residents Welfare Association and another – Appellant
Versus
Mormugao Municipal Council through its Chief Officer and others – Respondent


JUDGMENT - F.I. REBELLO, J.:---This Court while adjourning the matter on 12th December, 2001, had adjourned it with notice to the parties that the matter on the adjourned date would be heard both on admission and final hearing. In the light of that, rule. Heard forthwith.

2. Petitioners, M/s. Down Mangor Valley Residents' Welfare Association, are registered under the Societies Registration Act. One of its aims and objectives is to provide for a children's park/garden in the open space identified as Plot 'C' of property known as 'Babquiadi' surveyed under Survey No. 59, P.T. Sheet No. 150, Mangor Hill, Vasco da Gama. The petitioner No. 2 is the Joint Secretary of petitioner No. 1. The President and the Joint Secretary have been duly authorised by a Resolution of petitioner No. 1 to file the present petition.

A few facts which are relevant for the purpose of disposal of this petition may now be set out. Late Bruno Lizardo Fernandes was the owner of the property which is the subject matter of the present petition. The said owner had applied to the respondent No. 1 for permission for development of the said property. By a letter dated 30th December, 1966, President of respondent No. 1 c































































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