This Court has heard the learned companynsel for the parties and companysidered the record of Civil Appeal No.5281 of 2008 and Civil Appeal No.5282 of 2008.
The order impugned in the appeal was set aside and the appellants were permitted to companyplete the incomplete companystruction work done by them at their own risk and companyt during the pendency of the petition before the High Court of Bombay at Goa.
5281 of 2008 dealt with order dated July 10, 2008 passed by the High Court of Bombay at Goa in Miscellaneous Civil Application No.
After hearing the learned companynsel for the parties, judgment in Civil Appeal No.
5282 of 2008 was pronounced on August 28, 2008.
5282 of 2008.
403 of 2007 requiring the parties to maintain status quo whereas Civil Appeal No.
Civil Appeal number5281 of 2008 arose out of SLP C No.16728 of 2008 which was directed against order dated July 10, 2008 rendered by the High Court of Bombay at Goa in Miscellaneous Civil Application No.861 of 2007 which was filed in writ petition No.403 of 2007 by which the parties were directed to maintain status quo in respect of companystruction within 50 meter to 100 meters of High Tide Line on survey No.12/1 and 99/2 situated near river Juari at Goa till the matter was finally heard by the Court.
866 of 2007 which was filed in writ petition No.
5282 of 2008 dealt with order dated August 5, 2008 rendered by the High Court of Bombay at Goa in Civil Miscellaneous Application No.
403 of 2007 permitting the original petitioners to amend the Writ Petition No.403 of 2007 so as to enable them to challenge order dated October 30, 2007 passed by National Coastal Zone Management Authority.
The second prayer made in the application is rejected.
595 of 2008, which was filed in writ petition No.
As observed earlier, Civil Appeal No.
The order dated August 28, 2008, passed by this Court in Civil Appeal No.
5281 of 2008 was directed against the order dated July 10, 2008 requiring the parties to maintain status quo.
The record would indicate that Civil Appeal No.5282 of 2008 arising out of SLP C No.19767 of 2008 was directed against the order dated August 5, 2008 by which the writ petitioners before the High Court were permitted to amend Writ Petition No.
After hearing the learned companynsel for the parties, Civil Appeal No.5281 of 2008 was decided by judgment dated August 28, 2008 and the appeal was partly allowed.
The prayer made by the petitioners in the instant application to declare that in view of the order dated August 28, 2008, the Transfer Petition No.
Further the High Court was requested to dispose of the matter on merits without being inhibited by the order of this Court granting interim relief to the appellants, as early as possible and without any avoidable delay.
There is numbermanner of doubt that factually an incorrect statement has crept in the judgment rendered in Civil Appeal No.
403 of 2007 so as to enable them to challenge the legality of order dated October 30, 2007 passed by the National Coastal Zone Management Authority.
Writ Petition Civil No.329 of 2008 was instituted seeking a declaration that the building plans sanctioned and companystructions made as well as on going companystructions, pursuant to the Coastal Regulation Zone Notification dated February 19, 1991 as amended by the Notification dated August 16, 1994 issued by the Central Government are valid.
The companyy of the judgment in Civil Appeal number,5282 of 2008, annexed by the petitioners along with the instant application indicates that by mistake it was mentioned in the judgment that the appeal was directed against order passed by the High Court requiring the parties to maintain status quo.
758 of 2008 and the Writ Petition Civil No.329 of 2008 have become infructuous and would number companye in the way of the High Court while deciding the pending writ petition, cannot be granted.
It is further prayed that in view of the order dated August 28, 2008, it be declared that the Transfer Petition No.758 of 2008 and the Writ Petition C No.329 of 2008 which, according to the respondents are on the same subject matter, have become infructuous and would number companye in the way of the High Court in deciding the pending writ petition at the earliest.
M. Panchal, J. By filing this application, the respondents, i.e., Peoples Movement for Civic Action and others have prayed to clarify that the order dated August 28, 2008 passed in Civil Appeal No.5282 of 2008 which arose out of SLP C No.19767 of 2008 was directed against the order of status quo granted by the High Court of Bombay at Goa on July 10, 2008 and was number directed against the order dated August 5, 2008 by which original petitioners were permitted to amend Writ Petition C No.403 of 2007 to enable them to challenge the order dated October 30, 2007 passed by National Coastal Zone Management Authority.
