IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 218 OF 2010 MR. PAUL FERNANDES ... Petitioner Versus NORTH GOA PLANNING AND DEVELOPMENT AUTHORITY, THROUGH THE MEMBER SECRETARY AND ANR., ... Respondents Mr. Galileo Teles, Advocate for petitioner. Mr. H. D. Naik, Advocate for the respondents. Coram:- N. A. BRITTO, J. Date:- 18th June, 2010 P.C. Heard. 2. There is no dispute that the petitioner has carried out construction in his own property. 3. However, the Town and Country Planning Board has come to the conclusion that the construction is carried out over the public nullah. Shri Naik appearing on behalf of the respondents fairly concedes and states that matter be remanded for reconsideration of Town and Country Planning Board.The Statement is accepted. 4. The counsel on behalf of the petitioner submits that the application for regularisation of the said construction is also pending before the North Goa Planning and Development Authority. The petitioner is directed to submit a fresh copy of the said application dated 19.9.2009 within one week to the respondent no.1. The North Goa Planning and Development Authority is hereby directed to dispose of the application in accordance with law before the matter is taken up by the Town and Country Planning Board. This exercise be completed within a period of 8 weeks. 5. Needless to observe in case the petitioner's application is granted, the appeal before the Town and Country Planning Board will be rendered infructuous. If not, the appeal will be required to be decided. To be decided within 12 weeks. N. A. BRITTO, J. vn