1 IN THE HIGH COURT OF BOMBAY AT GOA Writ Petition No.141 of 2009 with Writ Petition No.562/2009 with Writ Petition No.614/2009 Writ petition No.141of 2009 Shri Amjad Ayub Khan, Major, married,Indian National, resident of House No.20-1A/2, Behind Milan Hotel, Duler, Mapusa, Bardez-Goa. ..... Petitioner V E R S U S 1. State of Goa, through Chief Secretary Government of Goa, Porvorim, Goa. 2. Deputy Collector North Goa, Office of Deputy Collector, Mapusa, Bardez-Goa. 3. Deputy Conservator of Forests, Office of Chief Conservator of Forests. Gomantak Maratha Samaj Building, Panaji-Goa. 4. Chief town Planner, Town and Country Planning Department, having office at Dempo Towers, 2nd floor,Panaji-Goa. 5. North Goa Planning and Development Authority Archdiocese Building, 1st floor, Mala Link Road, Mala, Panaji-Goa. ...... Respondents 2 Writ Petition No.562 of 2009 M/s VITARA, A Partnership Firm, duly registered under the Indian Partnership Act 1932, with its office at “Vitara Niwas”, Dangui Colony, Mapusa-Goa. Represented through its 2 Partners: 1. Mr. Ulhas Gopal Asnodkar 2. Mr. Chandramohan Vithal Nasnodkar ... Petitioners V e r s u s 1. State of Goa, through the Chief Secretary, Secretariat, Porvorim. 2. The Chief Conservator of Forests Government of Goa,Panaji. 3. The Deputy Conservator of Forests, North Goa Division,Government of Goa, Ponda-Goa. ....... Respondents Mr. S.D. Lotlikar, Sr. Advocate with Mr. H. Kankonkar, Advocate for the Petitioner. Mr. S.S. Kantak, Advocate General with Addl. Government Advocate P. Talaulikar,Advocate for Respondents. Writ Petition No.614 of 2009 Shri Gurudas Bhalchandra Natekar, R/O Mapusa, Bardez-Goa. ....... Petitioner V E R S U S 1. State of Goa, through Chief Secretary Government of Goa,Porvorim. 2. Additional Collector of North Goa Office of Collector, Panaji. 3. Chief Conservator of Forests, 3 Office of Chief Conservator of Forests, Panaji. 4. Chief Town Planner Town and Country Planning Department, Panaji-Goa. ......... Respondents Mr. Sivan Dessai, , Advocate for the Petitioner. Mr. S.S. Kantak, Advocate General with Advocate A. Kamat, Addl. Government Advocate for the Respondents. CORAM: NARESH H. PATIL, J N. A. BRITTO, J. DATE : 2nd February, 2010. P.C.: 1.Heard the Learned Counsel on behalf of the parties including Ms. Norma Alvares the Learned Counsel in Writ Petition no.673 of 2008. 2. There is no dispute that the Sawant/Karapurkar Committees had identified PTS Nos.57, 73 as part forests. The same have now been demarcated by the Forest Department and it is found that in Chalta nos.5A of PT Sheet No.57,Chalta No.30 of PT Sheet no.73 and Chalta No.56H of PT Sheet no.73 there are non forest areas which are now sought to be developed by the Petitioners. 4 3. That being the position, there could be no reasonable objection either from the Government or from the Petitioners in writ petition no.673 of 2008, in case development is carried out in the said non forest areas. The Petitioners therefore would be entitled to carry out development in the said areas subject to taking all necessary permissions, as required in law from the authorities concerned. 4. This order will be without prejudice to the rights and contentions raised by the Petitioner in writ petition no.673 of 2008 as well as of the Government. 5. The above writ petitions are accordingly disposed of. 6. Writ Petition No.283 of 2009 to be detached from other connected petitions. Stand over to 15.02.2010. NARESH H. PATIL N. A. BRITTO Ap/- 5