VILLAGE GROUP OF GOA Vs. STATE OF GOA

JUDGEMENT

(1.) The Petitioners, who claim to have filed the present Petition in a larger public interest, challenge the development permission dated 09.09.2010 and subsequent development permission dated 22.06.2012 and the construction licence dated 29.06.2012 granted by the Respondent no. 2 in favour of Respondent no. 5.

(2.) The facts in brief giving rise to the present Petition are as under : It is the contention of the Petitioners that initially a structure of old two storeyed building known as "Zuari Hotel" which consisted of godowns, etc., was surrounded by an open space which was covered by the projection of the first floor of the said building. It is the contention of the Petitioners that the citizens at large are entitled to right of way over the said open space which was kept by the said margins in the said building. It is the contention of the Petitioners that the Respondent no. 5 purchased the said plot and applied to the Addl. Collector for conversion of the land for using the same for commercial purpose. On 29.06.2012, the Respondent no. 2, Addl. Collector, granted permission for change of user under Section 44 of the Town and Country Planning Act. Subsequently, the Respondent no. 5 also applied to the Respondent no. 2 for grant of development permission. The Respondent no. 2 on 22.09.2010 granted construction licence and the construction came to be commenced. It is the contention of the Petitioners that while constructing, the Respondent no. 5 had encroached on the public road by G.I. Fencing. It is further contended that the Respondent no. 5 was directed to remove the said encroachment. It is the contention of the Petitioners that the construction so made by the Respondent no. 5 was in breach of the licence given in his favour.

(3.) Heard Shri Ryan Menezes, learned Counsel appearing on behalf of the Petitioners, Shri Nadkarni, learned Advocate General appearing for the Respondent nos. 1, 2 and 4, Shri Padiyar, learned Counsel appearing on behalf of Respondent no. 3 and Shri Sardessai, learned Counsel appearing on behalf of Respondent nos. 5 and 6.