WP/853/2009 of NACHINOLA VILLAGE WELFARE FORUM Vs STATE OF GOA THROUGH ITS CHIEF SECRETARY AND 11 ORS. on 30 December 2009

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 853 OF 2009

NACHINOLA VILLAGE WELFARE FORUM

Versus

STATE OF GOA THROUGH ITS CHIEF SECRETARY AND 11 ORS.

... Petitioner

... Respondent

Mr. Iftikhar Agha, Advocate for the Petitioner.

Mr. A. Kamat, Additional Govt. Advocate for Respondents No.1, 3to 10.

Mr. Nigel Da Costa Frias, Advocate for Respondent No.2.Mr. A.D. Bhobe, Advocate for Respondents No. 11 & 12.

P.C.:

-Coram:N. A. BRITTO, J.

-Date:30th December, 2009

Heard. Shri Bhobe appears on behalf of respondents no. 11 & 12. Respondent No.2 is represented by advocate Shri Costa Frias. Remaining respondents are represented by additional Govt. advocateShri A. Kamat.

2. Shri Costa Frias, learned Counsel appearing on behalf of theVillage Panchayat submits that the Village Panchayat has alreadyheld an inspection and the report of inspection will be placed beforethe Panchayat at its meeting tomorrow and appropriate action inaccordance with law will be taken against respondents no. 11 & 12.

3. Shri Bhobe appearing on behalf of respondents no. 11 & 12submits that the said respondents have applied for conversion ofSurvey No. 77/2 and 4/4 of Village Nichinola for the purpose ofusing the said land for commercial activities and their application ispending. The respondent no.6/7 shall consider the said application along with the present petition in accordance with law within a periodof 4 weeks.

4. Since the authorities concerned are already seized of the matterand have decided to take appropriate action in accordance with law,nothing survives in this petition. The premises in question shall notbe used as commercial premises until the private respondents obtainnecessary permissions from the concerned authorities.

5. The petition is disposed of on the above terms. Authenticatedcopy be issued.

NH

N. A. BRITTO, J.