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2019 Supreme(Bom) 982

S.C.GUPTE, PRITHVIRAJ K.CHAVAN
Theodore Fernandes – Appellant
Versus
State of Goa – Respondent


Advocates Appeared:
Rayan Menezes, Adv., Gina Almeida, Adv., N. Fernandes, Adv., Pravin Faldessai, Adv., G. Teles, Adv., Rafiq Dada, Adv., Preetam Talaulikar, Adv., Bernard Reis, Adv., Olga Pereira, Adv., Gaurish Agni, Adv., Tanmai Gawas, Adv., C.A. Pereira.

JUDGMENT :

S.C. Gupte, J.

1. In this Writ Petition (Writ Petition No.751/2008), the Petitioners pray for a writ of mandamus for cancellation and revocation of various sanctions and permissions granted in the matter of repairs, renovations and alternations carried out to a beach resort at Colva, Salcete Taluka in the State of Goa. These sanctions and permissions have been granted under various statutory instruments, including CRZ Notifications, 1991 and 2011, Goa, Daman and Diu Town and Country Planning Act, 1974 and the Rules and Regulations framed thereunder, and the Goa Panchayat Raj Act, 1994 and the Rules framed thereunder.

2. The Petitioners claim to be espousing public interest in seeking quashing of these permissions and sanctions. Petitioner No.2 claims to be an association of like minded citizens from South Goa, who are particularly residing in coastal areas of Colva, Sernabatim, and other places, and who have formed it, for the purpose of espousing public causes. Petitioner No.1 claims to be the Secretary of Petitioner No.2-Association.

3. The Petitioners have come to the Court with a case that in the property surveyed under Nos.23/13 and 23/17, there existed five cottages, o

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