SURESH ANANT MIRASHI Vs. STATE OF GOA

JUDGEMENT

(1.) BY this writ petition under Article of the Constitution of India, the petitioners seek a writ of mandamus directing respondents no.1 and 2 to forthwith recall and cancel the development permission granted by the South Goa Planning and Development Authority to respondent no.4 on 1st November, 2011. The petitioners are residing and have their properties bearing plot nos.1 to 5 admeasuring about 638 square metres situated at Aquem Alto, Margao, Salcete Goa which is more particularly described in Annexure A of the petition. It is not necessary to refer to the rights of the petitioners in respect of the properties at annexures A to C in details because the same are not in dispute.

(2.) EQUALLY , the private respondent no.4, which claims to be a charitable trust, is also claiming property plot no.2 in the sub -divided portion. This Trust applied for development permission to respondent no.2 for construction of a temple in anticipation of purchase of the said plot. The permission was sought for construction of a temple and a community centre.

(3.) HOWEVER , there were proceedings involving respondent no.4 and respondent nos.1 and 2 and after the matter was carried by respondent no.4 to higher authorities, it is stated that the orders of respondent no.2 were set aside and the matter was directed to be reconsidered by them. It is stated that there was also show cause notice issued as to why the development permission should not be rejected and there was order of revocation of development permission, which was challenged by way of an appeal and the matter was remanded back to second respondent. A notice was issued for personal hearing and upon a representation by respondent no.4 and undertakings with regard to the provision of portion of land for proposed 10 metres O.D.P. Road that the construction activity has been permitted to be carried on and our attention is invited to the said undertakings and the order dated 1st November, 2011, which is now sought to be impugned.