:1:

IN THE HIGH COURT OF BOMBAY AT GOA

PUBLIC INTEREST LITIGATION W. P. NO. 8 OF 2013

The Corlim Citizen Civic & Consumer Forum,

A Society registered under Societies Registration Act,

with office at c/o Mr. Alexander Gomes,

House No.291-A,

Funskool Road, Molar,

Corlim, Ilhas Goa 403 110.

Through their Secretary,

Mr. Baptista Pereira,

Major in age,Indian National,

Businessman, Resident of Corlim,

Ilhas Goa 403 110.

…

Petitioner

V e r s u s

1. State of Goa,

Through their Chief Secretary,

Government of Goa, Secretariat,

Alto Porvorim, Bardez Goa.

2. The Town and Country Planning Department,

Through their Chief Town Planner,

Government of Goa, Dempo Tower,

2^nd Floor, Patto, Panaji Goa.

3. The Public Works Department,

Through their Chief Engineer,

PWD (Water Supply ),

Altinho, Panaji Goa.

4. The Electricity Department,

Through their Chief Engineer,

Govt. of Goa, Udoyog Bhavan

Panaji Goa.

5. The Directorate of Panchayats,

The Director of Panchayat

3^rd Lift, 3^rd Floor Junta House,

Panaji Goa.

:2:

6. The Goa State Pollution Control Board,

Through their Member Secretary,

Dempo Tower, Patto, Panaji Goa.

7. The Village Panchayat of Corlim,

Through their Secretary,

Corlim, Ilhas Goa.

8. The Department of Health,

Through their Director,

Govt. of Goa,

Campal, Panaji Goa.

9. Department of Science Technology & Environment,

Through their Director/Member Secretary,

Opp. Saligao Seminary

Saligao, Bardez Goa.

10.Mr. Gaurish Pereira,

major, Flat No.5 & 6,

Pereira Building,

St. Inez, Panaji Goa.

11.M/s Sadhana Builders Pvt. Ltd.,

through their Director

Mr. Virtej Veerdhawal Ghag,

having office at 303, Emerald Towers,

St. Inez, Panaji Goa.

12.The Block Development Officer,

Office of BDO,

Tiswadi Block,

6^th Floor, Junta House,

Panaji Goa.

…

Respondents

Mr. Joseph Vaz, Advocate for the petitioner.

Mr. E. Afonso, Government Advocate for respondent nos. 1 to

5, 8 & 12.

Mr. J. Godinho, Advocate for respondent no.6.

Mr. P. A. Kamat, Advocate for respondent no.7.

:3:

Mr. S. G. Desai, Senior Advocate with Mr. J. Superkar,

Advocate for respondent no.10.

Mr. Shirin Naik with Ms. Shrushti Naik, Advocate for

respondent no.11.

Coram

:-

SMT. R. S. DALVI &

F. M. REIS, JJ.

Date :-

10

^th February, 2014

ORAL JUDGMENT

(Per Smt. R. S. Dalvi, J.)

Rule. Made returnable forthwith.

2.

The petitioner has taken exception to the

construction put up by respondent nos. 10 and 11 on various

grounds.

The

petitioner

has

cited

various

illegalities/irregularities. The construction has been

completed. The petitioner has filed the petition after the

construction came up.

3.

With regard to the construction of respondent

no.11, the grievance of the petitioner is that the approval of

the Town and Country Planning Authority itself is incorrectly

granted. That approval is shown in the plan annexed at

Exhibit R10/I to the petition ( page 160). The plan has been

approved under No. TIS/6934/ COR/TCP/11/838 dated

17.05.2011. It accompanies the technical clearance order

passed by the Town and Country Planning Authority dated

17.05.2011. It shows the total area of the plot to be 1600

square metres which is as per the sale deed executed by the

developer. The part of the land has been acquired by the

:4:

Government to the extent of 110 square metres which is

deducted therefrom. The road widening area of 80.22 square

metres is further deducted. The net effective area of the plot

thereafter arrived at is shown to be 1409.78 square metres.

4.

The main grievance of the petitioner is that the

building construction of respondent no.10 is on the road

though a minimum width of the road is to be left as the

setback area. Upon that contention, this Court had ordered

the Town and Country Planning Authority to make a report

upon taking the site inspection as to what area has been left

for the road as also the area of the acquired land of

re