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2014 Supreme(Bom) 317

R.S.DALVI, F.M.REIS
Corlim Citizen Civic & Consumer Forum – Appellant
Versus
State of Goa, Through their Chief Secretary, Government of Goa, Secretariat – Respondent


Advocates Appeared:
For the Petitioner:Joseph Vaz, Advocate.
For the Respondents:R1 to R5, R8 & R12, E. Afonso, Government Advocate, R6, J. Godinho, R7, P. A. Kamat, R10, S. G. Desai, Senior Advocate with J. Superkar, R11, Shirin Naik with Ms. Shrushti Naik, Advocates.

JUDGMENT

Smt. R.S. Dalvi, J.

Rule. Made returnable forthwith.

2. The petitioner has taken exception to the construction put up by respondent nos. 10 and 11 on various grounds. The petitioner has cited various illegalities/irregularities. The construction has been completed. The petitioner has filed the petition after the construction came up.

3. With regard to the construction of respondent no.11, the grievance of the petitioner is that the approval of the Town and Country Planning Authority itself is incorrectly granted. That approval is shown in the plan annexed at Exhibit R10/I to the petition (page 160). The plan has been approved under No. TIS/6934/ COR/TCP/11/838 dated 17.05.2011. It accompanies the technical clearance order passed by the Town and Country Planning Authority dated 17.05.2011. It shows the total area of the plot to be 1600 square metres which is as per the sale deed executed by the developer. The part of the land has been acquired by the Government to the extent of 110 square metres which is deducted therefrom. The road widening area of 80.22 square metres is further deducted. The net effective area of the plot thereafter arrived at is shown to be 1409.78 square















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