ASHLEY FERNANDES Vs. THE STATE OF GOA

JUDGEMENT

(1.)

(2.) BY this petition under Article 226 of the Constitution of India, the petitioners have challenged the construction licence dated 02 -01 -2010 issued by respondent no. 2 and N.O.C. dated 05 -11 -2009 issued by respondent no. 4. These are the licence and N.O.C. given by the local Panchayat and the Town Planning Department to respondent nos. 8 to 10. Further, the petitioners pray for revocation of these permissions for development and construction, granted to respondent nos. 8 to 10. This is in regard to Survey no. 17/3 of Village Cansualim, Mormugao, Goa. The objection raised by private respondents is that, this petition is not in public interest as some of the petitioners are propounding private interest. Moreover, the petition should not to be entertained as Panchayat Petition has been filed by these petitioners before the Director of Panchayats, Panaji being Panchayat Petition No. 71/2010/A invoking the jurisdiction of the Director of Panchayats under Section 178 of the Goa Panchayat Raj Act.

(3.) THE private respondents pointed out on oath that compliance is made at site. So far as compliance report at site is concerned, it is stated that private respondents are already selling the constructed premises and they rely on the N.O.C. dated 8th November, 2009 wherein the Panchayat states that the approach road, from the public road to the construction site has been constructed by respondent nos. 8 to 10. However, no document has been produced. In the rejoinder it is pointed out by the petitioner that atleast two petitioners are directly affected by the interference with the traditional access and as far as the revised site plan is concerned, the Panchayat has not submitted the revised site plan showing the existing traditional access passing through the property. Reliance is placed on Annexure -P -1 and it is asserted that the approach road to the said project as shown in the approved plan is allegedly 10 metres but in reality the road is only 3 to 4.90 metres in width and is certainly not more than 5 metres and there is violation of circular dated 03 -07 -2009.