SHARAD PRABHUDAS Vs. CHIEF SECRETARY GOVT OF GOA

JUDGEMENT

(1.) BY this petition, purportedly filed in the public interest, the petitioner seeks writ of mandamus or any other appropriate writ, order or direction to demolish the construction allegedly earned out illegally by respondents No. 6 and 7 on part of the land bearing Sub-Division 3 of Survey No. 382 of village Socorro, Porvorim, cancellation of the occupancy certificate in respect of certain buildings constructed on the said land, cancellation of the building permissions and injunction restraining respondents No. 6 and 7- developers and the Chairman of the Cooperative Society of the purchasers of the flats from creating third party rights by sale, mortgage or transfer of shares in respect of the flats in the unauthorised buildings and other reliefs.

(2.) THE basic facts, so far as necessary for the decision on the limited grounds on which the petition is being decided, are stated below : on 8th July, 1997, on application of the owners, the Collector of Goa, in exercise of the powers conferred on him under Section 32 of the Goa, Daman and Diu Land Revenue code, 1968, granted permission for conversion of the use of the land to the extent of 13,600 sq. metres, out of Survey No. 382/3 of Village-Socorro, Taluka-Bardez (hereinafter, referred to as "the said land") with the consent of the owners, respondents No. 6 and 7 promoted a scheme known as "sapana Garden" on the said land for construction and sale on ownership basis flats and apartments. By an Agreement dated 2nd August, 1995 the petitioner agreed to purchase a flat in the said scheme from respondents No. 6 and 7 and is residing in the said flat bearing number B-5. A co-operative housing society of the flat-holders in the said scheme was formed and respondent No. 11 is the chairman of the said Society. It is alleged that on account of disputes between the petitioner and the respondent Nos. 6 and 7, the petitioner is not being admitted as a Member of respondent No. 11-Society. It appears that the provisions of Goa Town and Country planning Act, 1974 ("the Goa Town Planning act" for short) were made applicable to the porvorim area and the planning authority was also appointed. A plan for development of the area was prepared and the Notification under section 37 of the Goa Town Planning Act was issued on 11th January, 1990. On 7th february, 1991, a building permission was granted for construction of the buildings on the said land. A revised permission for construction of the buildings was granted on 25th October, 1994. According to the petitioner, National Highway No. 17 passes from near the said land and a bye-pass to it was proposed to pass from a part of the said land. Some of the buildings in Sapana Garden are affected by the said bye-pass and construction of those buildings is impermissible. However, the buildings which are affected by the proposed bye-pass are being illegally constructed by respondents No. 6 and 7, contrary to the development plan and illegal. According to the petitioner, the Authorities are illegally allowing the respondents No. 6 and 7 to carry out the construction contrary to the development plan on the land affected by the proposed bye-pass under the development plan sanctioned on 11th January, 1990. The petitioner claim to have filed this petition, in public interest, preventing construction of the building on the part of the land which is affected by the proposed bye-pass under the development plan.

(3.) LEARNED Advocate General appearing on behalf of the respondents No. 1, 3 and 5, 8 and 10 invited our attention to the notification dated 23rd June, 1993 issued by the Government of Goa, under sub-Section (1)of Section 19 of the Goa Town Planning Act withdrawing the whole of the planning areas declared under various notifications since 1976 from the operation of the Goa Town Planning act. Sub-Section (1) of Section 19 of the Goa town Planning Act, reads as under :