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2023 DIGILAW 189 (BOM)

Vaibhav Jain v. State Of Goa

2023-01-16

BHARAT P.DESHPANDE, M.S.SONAK

body2023
JUDGMENT 1. Heard Mr Rohit Bras De Sa, learned counsel for the petitioner, Mr Devidas J. Pangam, learned Advocate General with Mr Shubham Priolkar, learned Additional Government Advocate for respondents No. 1 to 3, Mr Hanumant D. Naik, learned counsel for respondent No.4, Mr P. A. Kamat, learned counsel for respondent No.5 and Mr Nitin D. Sardessai, learned Senior Advocate with Mr Shivam Phadte, learned counsel for respondent No.6. 2. Pursuant to our order dated 29.11.2022, joint inspection was held on 06.12.2022 and the site inspection report is placed on record at page 136 and 139 of the paperbook. 3. The conclusion recorded in the site inspection report which is signed by the Planning Assistant, Assistant Engineer, Member Secretary, Secretary of Village Panchayat and the Sarpanch, reads as follows: "Conclusion: 6. It is found at the site that applicant has not yet constructed proposed entry and exit of the car parking for facilitating the hydrolic lift for the basement and the stilt floor. 7. It is pertinent to note that since the proposed hotel building is under construction, such parking arrangements are made/developed at the last stage of the Completion construction phase. 8. This Authority will not issue completion certificate of the project unless ingress and egress is made which facilitates the operation of the hydrolic lift and other required services/infrastructure are provided before completion of the project." 4. Mr De Sa, learned counsel for the petitioner has some grievances about non-furnishing of plans, technical details, measurements, etc. The petitioner is at liberty to pursue these grievances independently. The basic grievance of the petitioner was inaction by the Authorities. Now, the Authorities have inspected the site and recorded the above conclusion. Further, the North Goa Planning And Development Authority(NGPDA) has stated that it will not issue Completion Certificate for the project unless ingress and egress is made which facilitates the operation of the hydrolic lift and other required services/infrastructure are provided. 5. Mr Hanumant Naik, learned counsel for the North Goa Planning Development Authority reiterates that no Completion Certificate will be issued until these facilities are provided at the site. 6. Considering the above, we dispose of this petition by granting petitioner liberty to raise such issues as he may be advised in accordance with law. 7. All contentions of all parties concerning such issues are, however, left open. 8. The petition is disposed of in above terms. 6. Considering the above, we dispose of this petition by granting petitioner liberty to raise such issues as he may be advised in accordance with law. 7. All contentions of all parties concerning such issues are, however, left open. 8. The petition is disposed of in above terms. There shall be no order for costs.