WP/293/2002 of SULEKSHA APARTMENTS FLAT OWNERS ASSOCIATIONS Vs STATE OF GOA on 2 December 2002

1. State of Goa,

through its Chief

Secretary, having office

at Secretariat, Panaji,

Goa,

2. Chief Town Planner,

Government of Goa,

Town and Country Planning,

Panaji, Goa,

3. Member Secretary,

Vasco Planning and

Development Authority,

Vasco, Goa,

4. Chief Officer,

Mormugao Municipal

Council, Vasco da Gama, and

5. Smt. Suleksha J.

Parulekar, r/o Flat

No.2, lst Floor,

Sulekar Apartment,

Behind Chowgule Quarters

Maimolem), Mangor Hill,

Vasco da Gama.

... Respondents.

Shri D. P. Bhise, advocate for the petitioner.

Shri A.N.S. Nadkarni, Advocate General with Shri N. K.

Sawaikar, Addl. Govt. Advocate for respondents no. 1 & 2.

Shri S. D. Padiyar, advocate for respondents no. 3 & 4.

Shri J. Vaz, advocate for respondent no.5.

DATE: 2nd December, 2002.

ORAL JUDGMENT(Per P. V. Kakade, J.)

Rule. Rule made returnable forthwith.

Heard learned counsel for the petitioner as well as the respondents.

The petition is filed by the Flat Owners’

Association to seek redress against the respondents, including respondent no.2, the Chief Town Planner, claiming to set aside the Planning and Development Authority Regulations and to quash the Order of the respondent no.3

dated 26th March, 2002, granting approval to the revised plan of respondent no.5 and for other consequential reliefs.

2. However, today it is brought to our notice that the Planning and Development Authority has issued a notice under Section 50 of the Goa Town and Country Planning Act read with Section 53 and read with Regulation 3.8 of the Planning and Development Authority Regulation, 2000. In view of this position, in our views, nothing survives in this petition as all the grievances of the petitioner can be redressed in the said proceeding,which is to be taken up by the Planning and Development Authority.

disposed of with no order as to costs.

P. V. KAKADE, J.

P. V. HARDAS, J.

mc.