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2001 Supreme(Bom) 618

K.K.BAAM, A.S.AGUIAR
GOA FOUNDATION – Appellant
Versus
UNITED BREWERIES – Respondent


JUDGMENT

SMT. K. K. BAAM, J. :- The petitioners, Goa Foundation, a Non Government organization has filed this petition in the nature of Public Interest Litigation seeking to challenge the permission granted to respondent No. 1 for construction of a Company Guest House under Survey No. 112/19 at Candolim. The petitioners have also sought in the nature of writ directions to respondent No. 1 to demolish the construction erected on Survey No. 112/19 at Candolim and to restore the ecological balance and further pending the hearing and final disposal of the petition respondent No. 1 be restrained from proceeding with its construction under Survey No. 112/19 of village Candolim and to maintain status quo.

2. As regards the cause of action in this petition, on 24th December, 1988, the petitioners made an application for grant of ad-interim relief restraining the construction of respondent No.1. After hearing the parties an order of injunction was passed by which the suit construction was stayed and status quo was directed to be maintained. An application was made subsequently on behalf of the respondent No.1 seeking variation of the order. This application was rejected but hearing of the p

























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