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SANDEEP K. SHINDE, R. N. LADDHA
Imelda Dias Souza E Silva – Appellant
Versus
State of Goa – Respondent


Advocates Appeared:
Mr. Parag Rao, Advocate for the Petitioner, for the Appellant; Mr. Devidas J. Pangam with Ms. Sapna Mordekar, Additional Government Advocate for Respondent No. 1. Mr. Somnath Karpe with Mr. Anand Shirodkar and Ms. S. Vaigankar, Advocates for Respondent No. 2. Mr. Ashwin D. Bhobe with Ms. Annelise Fernandes, Advocates for Respondent No. 3. Mr. Shivan Desai with Mr. Jitendra P. Supekar and Mr. Sufiyan Sayed, Advocates for Respondent No. 4

JUDGMENT

Sandeep K. Shinde, J. - This Petition under Articles 226 and 227 of the Constitution of India, questions the legality of a development permission, under Section 44 of the Goa, Daman and Diu Town and Country Planning Act, 1974 and Rules, 1976 (Planning Act, 1974 and Rules of 1976, for short), granted by the Greater Panaji Planning and Development Authority- respondent no. 2 (PDA, for short) and construction license issued by the Corporation of the City of Panaji (CCP, for short), to the existing Confraria of the chapel-respondent no. 4, situated at Dona Paula, Panaji City bearing Chalta Nos. 15, 16, 17 and 18 of P.T. Sheet No. 193.

2. Briefly stated, the petitioner's case is that, late Anita Dias Souza was owner of properties bearing Chalta Nos. 7, 15, 16, 17 and 18 of P.T. Sheet No. 193, amongst other chalta numbers situated at Dona Paula (hereinafter referred to as the said properties). Anita bequeathed the said properties to the petitioner vide Public Will executed on 13.02.2006, before the Notary Ex-Officio in the office of the Civil Registrar cum Sub-Registrar, drawn in Book No. 153 at page no. 92V onwards. Anita by way of Deed of Sale dated 13.07.1981, had transferred a

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