PEDRITO MISQUITTA Vs. STATE OF GOA

JUDGEMENT

(1.) By this Petition preferred under Articles 226 and 227 of the Constitution, the Petitioners seek the following substantive relief : " For a Writ of Mandamus or a Writ in the nature of Mandamus or any appropriate writ, direction, or order quashing and setting aside the Impugned Decision passed by the Respondent No. 2 Ld. Authority in Case No. 3.1 held in its 276th Meeting on 21/10/2021 and 23/10/2021 at 2.30 P.M. rejecting the Application filed by the Petitioner No. 1 on 09/02/2021 for seeking exemption / relaxation to his structure bearing House No. 234 - A, under Survey No. 44/4 of Revenue Village Candolim in terms of the Letter No. GCZMA / NORTH / 12 / 99 / 243 dtd. 15/11/2002 issued by the Respondent No. 2 Ld. Authority to Petitioner's neighbour, Smt. Joanita E. Fernandes, the owner of the adjoining plot under Survey No. 44/2-A of Revenue Village Candolim; (Application dtd. 09/02/2021 is at Exhibit-P Colly)"

(2.) Learned Counsel for the Petitioners submits that the Respondent No.2-Goa Coastal Zone Management Authority (GCZMA) had permitted one Mrs. Joanita E. Fernandes, the Petitioners' neighbour, an owner of an adjoining plot, being Survey No.44/2A of Candolim Village, to demarcate her plot from 500 metres from the HTZ, whereas the Petitioners were denied the same. He submitted that in 2003, Respondent No.2- GCZMA and the Village Panchayat of Candolim granted permission to the said Mrs. Joanita Fernandes for construction of a residential house in Survey No.44/2-A at Souza Vaddo, Candolim, whereas the Petitioners who are similarly placed, their construction was ordered to be demolished by the Respondent No.2-GCZMA vide Order dtd. 21/07/2016.

(3.) Learned Advocate General opposed the petition. He submits that no interference was warranted in the impugned orders passed by the Respondent No.2-GCZMA. He submitted that the issue raised by the Petitioners in this Petition, had attained finality and that the demolition order dtd. 21/07/2016, passed by Respondent No.2-GCZMA was maintained by the National Green Tribunal, Principal Bench, New Delhi (NTG) vide order dtd. 20/10/202. He submitted that even the review application filed by the Petitioners before the NGT was dismissed. Learned Advocate General submitted that the Petitioners had challenged the dismissal orders passed by the NGT before the Apex Court by way of an Appeal and that even the said Appeal was dismissed by the Supreme Court.