GANGARAM BALCHANDRA BANDODKAR Vs. CHIEF TOWN PLANNER

JUDGEMENT

(1.) THE petitioner seeks a writ of mandamus directing respondent Nos.1 to 5 to initiate action against the allegedly illegal construction/hill cutting activity carried out by respondent No. 6 and a direction commanding respondent No. 6 to forthwith stop all activities including development, felling of trees, levelling of land, carrying out any construction activity etc. in the property at survey No. 216/1.

(2.) RESPONDENTS Nos. 2 to 6 are the Collector, North Goa, the Goa Coastal Zone Management Authority, the State of Goa, the Tree Officer, Deputy Conservator of Forests and one Pradeep Kamat respectively.

(3.) IT is necessary at this stage to set out the subsequent facts on which respond No. 6 relies. (A) Respondent No.6 had purchased Survey No.217/0 admeasuring 8909 sq. metres by a sale deed dated 5 th January, 1983. By sale deeds dated 17th November, 2003 and 18th October, 2004, respondent No.6 purchased parts of the property bearing Survey No. 216/1, admeasuring 22,898 sq. metres and 6402 sq. metres respectively, aggregating to 29,300 sq. metres. Respondent No.7 made an application on 8 th September, (B) 2008 to the Ministry of Environment and Forests (MOEF) to set up a dry dock. The MOEF, by a letter dated 9th January, 2009, ( i.e. after the said interim orders in this petition) granted respondent no.6 the permission to do so. The relevant portion thereof reads as under :