1. Rule. Rule made returnable forthwith. Respondents waive service. Taken up for hearing.

2. A short issue that arises in this petition is whether the Municipal Council, while deciding an application for building permission can entertain the claim of a third party as regard access and refuse building permission, by adjudicating upon the issue of access.

3. The petitioner is a owner of the property situated at Village Bicholim, Goa. The petitioner was desirous of carrying out construction in the property. On 1 February 2008, she applied to the Chief Officer of Bicholim Municipal Council for building permission. The application was filed along with endorsement, questionnaire duly signed by the petitioner and the Civil Engineer, estimate for the proposed construction, Form I and Form XIV, schedule 2 and a copy of the plan. On 16 September 2008, the office of Deputy Chief Engineer granted permission to the petitioner. As per the procedure the matter came for consideration of the Municipal Council. When the application came up for consideration of the respondent no.1 Chief Officer, a complaint was made by respondents no.2, 3 & 4 (the respondents) that the permission should not be