AGOSTINHO ROCKY FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) HEARD Shri A. D. Bhobe, learned Counsel appearing for the Petitioners and Shri Vivek Rodrigues, learned Addl. Government Advocate appearing for the Respondents.

(2.) RULE. Heard forthwith. Learned Counsel appearing for the Respondents waives service.

(3.) ON the other hand, Shri Vivek Rodrigues, learned Addl. Government Advocate appearing for the Respondents, does not dispute the fact that the matter was fixed for arguments on 21.02.2012 and that the Respondent no.3 submitted the report on 09.02.2012 without giving an opportunity to the Petitioners to advance any submission. Learned Counsel further points out that the activities carried out by the Petitioners in the disputed structures are contrary to the CRZ Regulations as, admittedly, the area where the disputed structures are located are within a distance of 200 metres from the High Tide Line wherein no development is ermissible. Learned Counsel further pointed out that no commercial activities are permitted under CRZ Regulations, in any event, in such areas. Learned Counsel further pointed out that considering the nature of the activities being carried out by the Petitioners, the question of any interference by this Court in the impugned Order does not arise.