High CourtsDivision Bench(2019) 04 BOM CK 0061

Estilo Moderno Realty Pvt. Ltd And Ors vs State Of Goa And Ors

Bombay High Court · Decided on 8 April 2019

HON’BLE JUDGES
R.D. Dhanuka, J · Prithviraj K. Chavan, J
CASE NUMBER
Writ Petition No. 1157 Of 2018

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Judgment

7 paragraphs · 256 words

R. D. Dhanuka, J

1.

Rule. The learned Advocate General waives service for Respondent Nos.1 and 2. The learned counsel for Respondent No.3 waives service.

2.

By consent of the parties, the matter is heard finally.

3.

By this petition, the Petitioners seek a writ of mandamus directing the Respondent No.3 to issue construction licence to the Petitioners pursuant to the application dated 13th April, 2018 and for other reliefs.

4.

The learned counsel for the Petitioners invited our attention to the undertaking annexed as Exhibit 'J' to the petition dated 5th December, 2018 to deal and treat the entire wet waste generated in the project known as Estilo Patio in survey No.259/8 of Village Sancoale within the project area.

5.

The learned counsel for the Respondent No.3 states that in view of the undertaking rendered by the Petitioners, Respondent No.3 would issue the construction licence pursuant to the application dated 13th April, 2018 within one week from today. The undertaking rendered by the Petitioners is accepted. The statement made by the learned counsel for the Respondent no.3 is accepted. The construction licence shall be issued within one week from today to the Petitioners on compliance with any other formalities. It is made clear that if the Petitioners commit any breach of such undertaking, the Respondent No.3 would be at liberty to take appropriate action in accordance with law. Rule is made absolute in the aforesaid terms. No order as to costs.

6.

Parties to act on the basis of the authenticated copy of this order.