IN THE HIGH COURT OF BOMBAY AT GOA

Misc. Civil Application No. /2009

IN

Writ Petition No. 654 of 2009.

MR. GUIRISH KENI,

Son of Mr. Anand Giri Keni,

Major, businessman, residing at 708/3,

Sushik Bunglow,

Alto-Porvorim-Goa.

represented by his lawful Power of Attorney,

SHRI MAHESH RAMAKANT ADWALPALKAR

Resident of F-6, Adwalpalkar Apartment,

Fontainhas, Panaji – Goa. ……… Applicant

IN

1) MR. AMIT JUNEJA,

Son of late Rajendra Nath Juneja,

44 years of age, Consultant, and

Residing at 212 Hacienda,

Alto Nagali, Dona Paula, Goa – 403004.

2) MRS. SUDHA LADHA,

Wife of Vivek Ladha,

43 years of age, housewife,

Residing at 214 Nagali Hills,

 Dona Paula, Goa – 403004. ……… Petitioners

VERSUS

1) STATE OF GOA,

Through its Chief Secretary,

With his Office at Secretariat,

Porvorim, Goa.

2) NORTH GOA PLANNING AND DEVELOPMENT

AUTHORITY through its Member Secretary,

With his Office at Archidioscese Building,

1st Floor, Mala Link Road, Mala - Panaji, Goa.

3) TOWN AND COUNTRY PLANNING

DEPARTMENT, through its Chief Town Planner,

With his Office at Dempo Towers, 2nd Floor,

Patto Plaza, Panaji-Goa.

4) VILLAGE PANCHAYAT OF TALEIGAO,

Through its Sarpanch, with her house at

Panchayat House, opposite Taleigao Church,

Taleigao, Goa.

5) MR. GUIRISH KENI,

Son of Mr. Anand Giri Keni,

Major, businessman, residing at 708/3,

 Sushik Bunglow,

Alto-Porvorim-Goa.

6) MR. MAHESH ADWALPALKAR

Major, businessman, with his Office at

F/5, First Floor, Opp. P.W.D. Office,

St. Inez, Panaji-Goa. ……… Respondents

Application for speaking to the minutes

of the Order dated 14/10/2009.

MAY IT PLEASE YOUR LORDSHIPS:

The Applicant / Original Respondent No. 5 above-named most

respectfully states and submits as under:

1) The Applicant is the Original Respondent No. 5 in Writ Petition No.

654 of 2009 filed by the Petitioners against the State of Goa and 5 Others.

2) The Applicant states that the Petitioners have filed the present

petition seeking directions to the Respondents No. 2 to 4 to take action to

stop the construction work carried on by the Applicant / Original

Respondent No. 5 and Respondents No. 6, contending that the

construction was coming up in an open space. The Petitioners have also

sought cancellation of the permissions granted to the Applicant for the

said construction, besides seeking restraint order against the Applicant

and Respondent No. 6 from carrying on any construction work, and status

quo with regard to the said construction work.

2) The Applicant states that the above petition was mentioned for

urgent circulation by the Petitioners before this Hon’ble Court and this

Hon’ble Court was pleased to hear the petition on 14/10/2009. The

Applicant states that the Applicant vehemently opposed the grant of any

interim relief in favour of the Petitioner on the said date.

3) The Applicant states that upon hearing the parties, this Hon’ble

Court was pleased to issue notice to the Respondent No. 4 returnable on

10/11/2009 and to grant time to the Respondents to file affidavit-in-reply.

The Applicant states that this Hon’ble Court on the said date had

specifically made it clear that no interim relief would be granted at that

stage and that the said construction would be subject to further Orders of

this Hon’ble Court.

4) The Applicant states that upon perusing the Order dated

14/10/2009 passed by this Hon’ble Court, the Applicant was surprised to

find that the said Order states that the said construction shall be stopped

till further Orders instead of stating that the construction shall be subject to

further Orders, as was in fact made clear by this Hon’ble Court at the time

of hearing the petition. However, the Applicant, out of utmost respect and

deference to this Hon’ble Court, has not proceeded with the said

construction work from the date of knowledge of the said Order.

5) The Applicant states that the relevant portion of the Order dated

14/10/2009 passed by this Hon’ble Court reads thus:

“2. The alleged illegal construction shall be

 stopped till further orders passed by this Court. If

affidavit-in-reply is filed on behalf of the

respondents, advance copy to be served to the

Counsel appearing for the petitioner. Humdast

permitted.”

Annexed hereto and marked as “Exhibit – A” is a copy of the said

Order dated 14/10/2009 passed by this Hon’ble Court.

6) The Applicant further states that in view of this Hon’ble Court

making it clear that no interim relief would be granted to the Petitioner,

said para 2 of the Order should have read as under:

“2. The alleged illegal construction shall be

subject to further orders passed by this Court. If

affidavit-in-reply is filed on behalf of the

respondents, advance copy to be served to the

Counsel appearing for the petitioner. Humdast

permitted.”

7) The Applicant states that the above Order if not corrected will result

in grave and severe prejudice to the Applicant as the construction despite

being legal, in as much as the same is within the Applicant’s property and

not within the said open space, and further it being in conformity with the

permissions / approvals granted by all authorities concerned, will be

stopped. The Applicant states that the estimated cost of the said

construction which is about Rs. 5 crores, will further escalate in the event

the construction is stopped. The Applicant further states that no prejudice

of whatsoever nature will be caused to the Petitioner in the event the

Order is corrected, as the said construction would be subject to the

outcome of the present petition.

PRAYERS

The Applicant therefore prays that this Hon’ble Court be pleased to:

(a) speak to the minutes of Order dated 14/10/2009 and be

pleased to replace the words “stopped till” between the

words “construction shall be” and “further orders” in para

2 of the said Order with the words “subject to”.

(b) grant any other relief as this Hon’ble Court deems fit and

proper in the facts and circumstances of the case.

Place: Panaji, Goa.

Date: 26/10/2009.

APPLICANT

Identified by:

Adv. for the Applicant

AFFIDAVIT

I, Shri Mahesh Ramakant Adwalpalkar, son of Mr. Ramakant

Adwalpalkar, aged 53 years, married, businessman, Indian National,

residing at F/6, Adwalpalkar Apartment, Fontainhas, Panaji, Goa, duly

constituted Power of Attorney of the Applicant, do hereby on solemn

affirmation state as under:

1) I say that I have filed the above Application for speaking to the

minutes of Order dated 14/10/2009 passed by this Hon’ble Court.

2) I say that all that is stated by me in paras 1,2,3,4,5,6 and 7 of the

above Application is true to my own knowledge.

3) I say that all that is stated in paras 1 and 2 above is true to my

knowledge.

Solemnly affirmed at Panaji, Goa,

On this 26th day of October, 2009.

DEPONENT

Identified by:

Adv. for the Applicant