ARMANDO CARDOZO Vs. GOA COASTAL ZONE MANAGEMENT AUTHORITY

JUDGEMENT

(1.) RULE . Heard forthwith by consent of the Learned Counsels.

(2.) LEARNED Counsel for the respondents waive service.

(3.) SHRI Nigel Da Costa Frias, Learned Counsel appearing for the petitioner has impugned the said order and pointed out that as per the duly promulgated survey records a road is shown passing through the property surveyed under Nos. 16/4 and 16/4A and according to the Learned Counsel, the petitioner has not constructed any road and no road exists at the site besides the said existing road as depicted in the survey records. The Learned Counsel has taken me through the impugned order and pointed out that there was a note made by the engineer who was the member of the respondent no. 1 to the effect that prior to passing of any order for removal, a demarcation plan of the existing road has to be carried out to avoid any ambiguity. The Learned Counsel further pointed out that the petitioner has not constructed any new road and as such, the question of removal of road does not arise at all. The Learned Counsel has taken me through the impugned order as well as the report of GCZMA and pointed out that the report itself confirms the existence of road at the site as shown in the survey records. The Learned Counsel further pointed out that the petitioner is only confining his claim to the existing road as shown in the survey records and as such the question of creating any new road through the property of respondent no. 4 does not arise at all. The Learned Counsel as such submitted that the impugned order deserves to be quashed and set aside.