OSWALD FERNANDES Vs. COMMISSIONER

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The Petitioners, are the owners of the shops and establishments in the buildings located on Dr. Roque Souza road, De Cunha Reveira road and De Couto Road surrounding Garcia D'Orta garden also known as Panaji Municipal garden. The grievance raised by the Petitioners in this petition is that the Respondents i.e. Corporation of the City of Panaji and the State of Goa since the year 2013, have been permitting holding of Samba Square festival at Panaji Municipal garden. The Petitioners point out that the holding of such a festival in the garden results in non availability of parking space, sound pollution, littering and other nuisance, rendering it virtually impossible for the Petitioners to undertake their business activities during three days when this festival is held. Further, the grievance of the Petitioners is that the roads which abut three sides of the Municipal garden are also closed for traffic thereby causing serious inconvenience to the Petitioners and members of the public.

(3.) The Petitioners, in the context of the aforesaid, seek the following reliefs in this petition :