IN THE HIGH COURT OF BOMBAY AT GOA PUBLIC INTEREST LITIGATION WP NO. 10 OF 2011 MR. ROQUE PINTO AND 2 ORS., ... Petitioners Versus THE STATE OF GOA THROUGH ITS CHIEF SECRETARY AND 6 ORS., ... Respondents Mr. Nigel Da Costa Frias, Advocate for the Petitioners. Mr. V. Rodrigues, Additional Govt. Advocate for Respondent Nos. 1,2,3 and 7. Mr. A.D. Bhobe, Advocate for Respondent No. 4. Mr. Kamalkhata with Mr. A. Vani and Ms. A. Pereira, Advocate for Respondent No. 5. Ms. R. Pereira, Advocate for Respondent No. 6. Coram:- S. C. DHARMADHIKARI & F. M. REIS, JJ. Date:- 24th March, 2011 P.C.: Mr. Rajesh J. Naik, Town Planner, Town and Country Planning Department Margao, Salcete Taluka, Margao, Goa has filed an affidavit in which at para 4 it is stated as under: "4. I say that after receipt of the writ petition and upon taking legal opinion from the Government Advocate in the High Court, it is realized that the jurisdiction u/s. 17(a) would continued to be vested with T.C.P Department, therefore, I issued a fresh notice dated 18/03/2011 to the Respondent no. 5 calling upon them to submit the details to the extent of cutting/filling done as also to submit the contour plans in relation to the said area within 3 days failing which necessary action would be taken u/s. 17(A) of the Town and Country Planning Act. Annexed hereto and marked as Exh. B is the copy of the show cause notice dated 18/03/2011." 2. In the light of the contents of para 4 of the affidavit and since a fresh notice has been issued to respondent no. 5, calling upon to it furnish details in respect of alleged hill cutting to the extent permissible by law or otherwise, we do not deem it fit to interfere further, though it is a public interest litigation. Having found that Authority has taken up the grievance of public interest litigants and since action is being initiated on the basis of the complaint, we leave it to the Authority to do the needful after following due process in law. 3. In the light of the above, this petition need not be kept pending any further in view of the contents in the affidavit of the Town Planner and notice dated 18-03-2011 issued to respondent no. 5. 4. We clarify that we have not gone into the rival contentions. The Authority to decide if there is any violation and particularly under Section 17(A) of the Town and Country Planning Act. All contentions of the parties are kept open. 5. Writ Petition accordingly stands disposed of. S. C. DHARMADHIKARI, J. F. M. REIS, J. EV