VINOD KAPOOR Vs. STATE OF GOA

JUDGEMENT

(1.) These are appeals by way of special leave under Article 136 of the Constitution against the orders of the Bombay High Court at Goa dismissing Civil Writ Petition No. 253 of 1999 and Civil Review Petition No. 17 of 2000.

(2.) The facts very briefly are that the respondent no. 8 was served with a show-cause notice dated 26.11.1996 by the North Goa Planning and Development Authority (for short 'the Authority'). In the show-cause notice, it was alleged that the respondent no. 8 had constructed a residential bungalow on a land in Survey No.250/12 without the prior permission of the Authority as required under Section 44 of the Town and Country Planning Act, 1974 (for short 'the Act'). It was also alleged in the show-cause notice that there was no proper access road to the property as required under the Act and that the construction was within a distance of 100 Mtrs. from Zuari river and was in breach of the Coastal Regulation Zone notification issued under the Environment (Protection) Act, 1986. By the show-cause notice, the respondent no.8 was asked to show-cause why action should not be initiated under Section 52 of the Act for demolition of the construction. By a communication dated 10.12.1996, the Town Planner of the Authority also informed the Chief Officer, Panaji Municipal Council, that the respondent no. 8 had obtained permission from the Municipal Council to make the construction on the land in Survey No. 250/12, Village Taleigao, by misrepresenting the facts and, therefore, the permission may be revoked. Thereafter, a notice dated 18.11.1997 was issued by the Municipal Council to the respondent no. 8 directing him to stop the construction work immediately and to show-cause why the licence granted to him for the construction of the building on the land in Survey. No. 250/12 of Taleigao Village should not be revoked.

(3.) The appellant also filed Writ Petition No. 253 of 1999 before the Bombay High Court at Goa alleging that the structure made by the respondent no. 8 on the land in Survey No.250/12 in Village Taleigao contravenes the provisions of the Coastal Regulation Zone Notification dated 19.02.1991 inasmuch as it was within 100 Mtrs. from the river Zuari in Costal Regulation Zone (CRZ) III area. The High Court called for a report from the Director of National Institute of Oceanography after inspection of the property of the respondent no.8 and a Senior Technical Officer of the National Institute of Oceanography submitted a report dated 24.01.2000 saying that the structure in question was not within 100 Mtrs. of the High Tide Line (HTL). After perusing the report, the High Court dismissed the writ petition by order dated 29.01.2000