1 IN THE HIGH COURT OF BOMBAY AT GOA. Writ Petition NO. 849 OF 2010. 1 Shri Shaik Akbar Ahmed Alias Shaik Ahmed, Son of late Shri Xec Ahmed, aged 57 years, occupation service. 2 Anifam Bi alias Hanifa Bi Shaikh wife of Shri Shaikh Akbar Ahmed, Aged 54 years, housewife Both residents of Flat No. 102, I Floor, C Block, St. Xavier's Residency (Phase II), Ela, Old Goa. 3 Shri Sanjay C. Patil, Major of age, Occupation Businessman, Resident of Curchorem, Goa. ....... Petitioners. Versus 1 The Chief Officer, Curchorem- Cacora Municipal Council, Curchorem, Goa. 2 The Goa State Pollution Control Board, through its Member Secretary, with Office at Dempo Towers, Patto, Panaji Goa. ........ Respondents. Mr. Sudesh Usgaonkar, Advocate for the petitioners. Mr. Vivek Naik, Advocate for respondent no.1. Mr. A. N. S. Nadkarni, Senior Advocate with Mr. D. Lawande, Advocate for the respondent no.2. 2 Coram:-A. P. LAVANDE & F. M. REIS, JJ. Date:- 21 st DECEMBER, 2010. ORAL JUDGMENT (Per F. M. Reis, J) Rule. Heard forthwith with the consent of the counsel appearing for the parties. 2. Learned Counsel appearing for the concerned respondents waive service. 3. By this Writ Petition under Article 226 of the Constitution of India, the petitioners are seeking writ or direction in the nature of Writ of Mandamus directing the respondent no. 1 to grant the construction permission/licence to the petitioners. In view of the directions issued in Suo Moto Writ Petition no.2/2007 by this Court the first respondent Municipal Council has not granted licence to the petitioners. The learned Senior Counsel appearing for the respondent no. 2 as well as learned Counsel appearing for the respondent no. 1 have in view of the order dated 25.11.2009 passed by this Court in Writ Petition no.632/2009 have stated that the said respondents are submitting the orders of this Court. 3 4. We have perused the order dated 25.11.2009 as well as the order passed by this Court in Writ Petition no.787/2010 dated 6.12.2010 which are identical to the facts of the present case. We have also perused the undertaking given by the petitioner no. 3 and power of attorney holder of petitioner nos.1 and 2 Shri Sanjay Patil interalia stating that they would comply with the requirements of Bye Law No. 27 of Building Bye Laws Under Municipal Council Building Bye Laws and Regulations, 1987 regarding disposal of solid waste in respect of the construction being undertaken by the petitioners in the property surveyed under no.11/1(part) at Bepquegal, Curchorem. The said undertaking is accepted. In view of the averments made in the Writ Petition we are disposing of the Writ Petition by issuing following directions:- i. It will be open to the first respondent to issue construction licence and occupation certificate to the petitioner, however construction licence and the occupation certificate shall be granted subject to compliance with Rule 27 of the Model Bye Laws under the Goa Daman and Diu Municipal Council Building Bye Laws, 1987. ii. Licence shall be issued within a period of three weeks from today. The Municipal Council shall enforce the compliance of the said Bye Laws before granting of licence. 4 5. Rule is made absolute in above terms. There shall be no order as to costs. A. P. LAVANDE, J. F. M. REIS, J. vn*