JUDGMENT

Bharat P. Deshpande, J. - The moot question which arises for consideration in the present proceedings is as to whether the originally sanctioned open spaces on the basis of which plots are sold, whether can be altered under the garb that some area above the required percentage of 15% under the regulations was available.

2. Vide order dated 11.02.2021, notices were served on all the parties and it was made clear that the matter will be taken up for final disposal at the admission stage itself.

3. Rule. Rule returnable forthwith. Heard the parties by consent.

4. The Petitioners are the residents/plot owners of the project 'Aldeia de Goa' at Bambolim of which Respondent No.4 is the developer.

5. In the present petition, the Petitioners are aggrieved by the permission/NOC dated 11.12.2020 granted by the Dy. Town Planner/Respondent No.2 herein to Respondent No.4 for deviation/alteration in the final approved sub-division layout of the said project thereby allowing total area of 9,384 sq. mts of the open space to be deleted from the earlier approved plan and to be used for commercial and/or residential purpose.

6. Petitioners Nos.1 to 4 purchased plots in the first phase of the said p