MODELS REAL ESTATE DEVELOPERS Vs. STATE OF GOA

JUDGEMENT

(1.) Rule. Rule returnable forthwith.

(2.) The petitioners are aggrieved by the fact that having obtained permission from all other parties, respondent No.2, Goa Coastal Zone Management Authority has not even considered the petitioners' application for development, which was filed in April, 2009.

(3.) It appears that, the application has not been processed in view of an interim order passed by the Division Bench of this Court dated 24th October, 2007 in W.P. No.519/2007. Mr. Nadkarni submits that the petitioners' case is entirely different from the facts in that case in as much as the property on which construction is proposed by the petitioners firstly falls within the Municipal limits and has always been classified as CRZ-II. He states that the property fell within the Municipal limits from inception since the pre- liberation time. He further states that the property is on the plateau top, Dona Paula. In other words, according to him, the property is neither classified as CRZ-III nor falls within the Village Panchayat area. Thus, according to him, the interim order would not operate against the petitioners. To that effect, he relied upon the observations in the interim order.