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2023 Supreme(Bom) 1932

M. S. SONAK, B. P. DESHPANDE
Raul Aires Fernandes – Appellant
Versus
State of Goa – Respondent


Advocates appeared:
Rohit Bras De Sa, Advocate, P. Naik, Advocate, D. Pangam, Advocate, Manish Salkar, Advocate, Nigel Da Costa Frias, Advocate, Bavina Kukalekar, Advocate

JUDGMENT/ORDER

M.S.SONAK, J. - Heard Mr Rohit Bras De Sa, learned counsel for the Petitioners, Mr D. Pangam, learned Advocate General along with Mr Manish Salkar, learned Government Advocate for Respondent Nos. 1 to 3 and Mr Nigel Da Costa Frias, learned counsel for Respondent No.4.

2. The Petitioners, by instituting this petition, had sought a writ of quo warranto or, in any case, a declaration that Respondent No.4 stood disqualified to continue as a member of the Conservation Committee constituted under the Goa (Regulation of Land Development and Building Construction) Act, 2008 ( the said Act ) and the Regulations made thereunder ( the said Regulations).

3. The Goa (Regulation of Land Development and Building Construction ) Act, 2008, was enacted to provide for the regulation and control on building construction and land development in the State of Goa and other incidental and ancillary matters connected therewith. Sec. 4 of the said Act provides that the Government may by notification in the Official Gazette frame regulations not inconsistent with the provisions of the said Act, for carrying out the provisions of the said Act by following the procedure specified under Ss. 5, 6, an

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