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2015 DIGILAW 2256 (BOM)

Kariff Beach Retreat (Goa)Pvt. Ltd. v. State of Goa

2015-09-30

F.M.REIS, K.L.WADANE

body2015
JUDGMENT F. M. Reis 1. Heard Mr. A. F. Diniz, learned Advocate appearing for the petitioner and Mr. V. Rodrigues, learned Government Advocate appearingfor the respondent nos.1 to 6. 2. Rule. Heard forthwith with the consent of the learned counsel appearing for the parties. The learned Government Advocate for the respondents nos. 1 to 6 waives service. 3. Mr. V. Rodrigues, learned Government Advocate appearing for the respondent nos.1 to 6 upon instructions from the Public Health Officer who is present in the Court has pointed out that the impugned order was passed on the premise that the petitioners was seeking for reconnection of the water connection which was earlier disconnected pursuant to the direction of the PWD. But, however the request of the petitioners was for essential services such as water and electricity in terms of Section 94(A) of the Public Health Act. Shri Rodrigues, further submits that to avail of such services, the petitioners have to file an application in a proper format interms of the office memorandum dated 25.1.2005. 4. Shri Diniz, learned counsel submits that such application shall be filed within a period of one week from today. 5. In case such application is filed, the concerned authority shall proceed to examine such application interms of Section 94(A) of the Public Health Act, without being influenced by any observations contained in the impugned order. Such exercise shall be carried out as expeditiously as possible, and in any event, within a period of three weeks from the date of receipt of the application in accordance with law. All contentions of the parties are left open. 6. Rule made absolute in the aforesaid terms. 7. Petition stands disposed of accordingly.