Oral Judgment: (V.M. Kanade, J.)
Heard learned Counsel appearing on behalf of the petitioners and learned Counsel appearing on behalf of the respondents.
2. By this petition under Article 226 of the Constitution of India, the reliefs claimed by the petitioners in para (A), are as under :
"(A) This Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the Respondent Nos.1 to 5 to take appropriate action in the matter of illegal constructions/activities being carried out by the Respondent Nos.6 and 7, viz.:-
(a) The installation and operation of Restaurant in the basement of Building Nos.22, 23 and 24;
(b) The installation and commencement of Outdoor Restaurant and tandoori kitchen in the open spaces as indicated in Photograph at "ANNEXURE D";
(c) The illegal construction and storage of L.P.G. Cylinders therein as indicated in Photograph at "ANNEXURE C";
(d) Construction of Building Nos.33 and 34 in the area approved as Parking Spaces, and consequent alteration of the approved open spaces into part open area and part parking space;
(e) The unauthorized user of open spaces by way of Parking, illegal constructions, etc.;"
3. Several orders were passed by this Court from time to time, directing the respondents to take appropriate remedial measures in correcting the deficiencies which were found in the said hotel.
4. An affidavit-in-reply has now been filed by the Senior Town Planner, Margao, Goa dated 16th August, 2012. In the said affidavit, it is stated that inspection was taken and it was noticed that the said restaurant has been closed. Similarly, the gas cylinders which were earlier stored outside the building, have been removed. It is also stated in para 2 of the affidavit that the application for regularisation filed by the respondent No.7 has been rejected by an order dated 9th June, 2006, by the Chief Town Planner.
5. In this view of the matter, most of the reliefs which have been claimed by the petitioners, have been granted. The only relief which now remains is regarding the alleged illegal construction in the open spaces and the parking space, as also the user of the open spaces. Respondent No.2 - Village Panchayat of Cana-Benaulim, Respondent No.8 - the Chief Town Planner and the competent authorities are, therefore, directed to take action in accordance with law, after giving personal hearing to respondent No.7 as also a representative of the petitioners.
6. The writ petition, accordingly, stands disposed of. No order as to costs.