IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 141 OF 2011 IN WRIT PETITION NO. 679 OF 2009 MR. TONY RODRIGUES AND ANR. ... Applicant Versus STATE OF GOA THROUGH THE CHIEF SECRETARY AND 7 ORS. ... Respondent Mr. Nigel Da Costa Frias, Advocate for the applicants. Mr. R. Menezes, Advocate for respondent no.3. Mr. S. G. Dessai, Senior Advocate with Mr. V. Parsekar, Advocate for the respondent nos. 4 and 5. Mr. V. Rodrigues, Additional Government Advocate for respondent nos. 1,2, 6, 7 and 8. Coram:- A. P. LAVANDE & U. V. BAKRE, JJ. Date:- 7th December, 2011 P.C. Affidavit filed on behalf of respondent nos. 4 and 5 is taken on record. 2. Mr. Costa Frias, learned Counsel for the applicants fairly concedes that in the approved plan which is filed alongwith affidavit the three compost pits are shown and the plan has been approved by the Town Country Planning Department. 3. Perusal of the plan annexed to the affidavit discloses that there is an access on the southern side of the three compost pits. 4. Mr. S. Dessai, learned Senior Counsel appearing for respondent nos. 4 and 5 submitted that construction shall be carried out in terms of the approved plan by respondent nos. 4 and 5 and he will have no objection if the construction that will be undertaken in accordance with the approved plan is made subject to final result of the Writ Petition. 5. In view of the above, the application for interim relief is dismissed. However respondent nos. 4 and 5 shall carry out construction in terms of the approved plan at their own risk and the construction that will be undertaken, shall be subject to final result of the Writ Petition and respondent nos. 4 and 5 shall not be entitled to claim any equity on the ground that the construction is complete. A. P. LAVANDE, J. U. V. BAKRE, J. vn