JOAOZINHO GEORGE RODRIGUES Vs. CHIEF TOWN PLANNER

JUDGEMENT

(1.) Heard Mr. Vivek Rodrigues with Mr. V. Naik for the Petitioners, Ms. Susan Linhares, learned Addl. Government Advocate for Respondents No.1, 2 and 4, Mr. Ganesh Naik for the Respondent No.3, Mr. C. A. Coutinho with Mr. I. Santimano for Respondent No.5 and 6 and Mr. Shivan Desai for the Respondent No.7.

(2.) This petition was tagged along with PIL Writ Petition No.2 of 2019 which we have today disposed of.

(3.) The petitioners in this petition, have certain grievances in relation to the property bearing Survey No.249/1 which was also the subject matter of PIL Writ Petition No.2 of 2019. The grievance of the petitioners is that the property bearing Survey No.249/1 is shown to be admeasuring 1907 sq.mtrs. However, they contend that in the year 1967 there was a partition and an area of 524 sq.mtrs. was allotted to the predecessor in title of the petitioners. Therefore they contend that this area of 524 sq.mtrs. is required to be deducted from the total area of 1907 sq.mtrs. They contend that since, this has not been done, the respondent no.7 (Builder) has misrepresented to the authorities and consumed excess FAR. On this basis, several reliefs have been applied for by the petitioners in relation to the permissions granted to the respondent no.7 to construct the building in the property bearing Survey No.249/1 at Curchorem, Cacora.