1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 257 OF 2001 WITH WRIT PETITION NO. 294 OF 2001 1. People's Movement for Civic Action with its office at E-74, Campal, Panjim, Goa. 2. Indian Heritage Society through Percival Noronha, with address at H. No.E-426, Fontainhas, Panjim, Goa. 3. Nirmal Vishwa, with registered office at Sarjyotishi, Khadpabandh, Ponda, Goa. 4. The Goa Foundation, being a Registered Society, having its office at Rm.7, Above Mapusa Clinic, Mapusa 403 507 Goa. ... Petitioners versus 1. North Goa Planning and Development Authority through its Member-Secretary, Mala, Panaji, Goa. 2. State of Goa through its Chief Secretary, Secretariat, Panaji, Goa. 3. The Goa Town and Country Board through its Member- Secretary, Town and Country Planning Department, Old Goa Medical College Complex, Panjim, Goa. 2 4. The Conservation Committee through its Member-Secretary, c/o Town and Country Planning Department, Old Goa Medical College Complex, Panaji, Goa. 5. Corporation of the City of Panaji, through its Commissioner, Panaji, Goa. 6. Bharat Shah, residing at 5/C, Swapnalok, L. Jagmohandas Marg, Mumbai 400 006. 7. J. C. Teles, Teles House, Luis de Menezes Road, Panaji, Goa. 8. Jose Cristovam Pinto, r/o Velho Building, 3rd Floor, Opp. Municipal Garden, Panaji, Goa. 9. Eduardo Francisco Sertorio Coelho, C/o Landscape Developers, Sea View, Campal, Goa. 10. Shri Suresh Priolkar House No.120/C9, Boca de Vaca, Panaji-Goa. ... Respondents Mrs. Norma Alvares, Advocate for the Petitioners. Mr. S. R. Rivonkar, Government Advocate for Respondent Nos.1 to 4. Mr. S. D. Padiyar, Advocate for Respondent Nos.8 and 9. Ms. Sudha Pai Kir, Advocate for Respondent No.10. 3 CORAM : A. P. DESHPANDE & N. A. BRITTO, JJ. DATE : 1 TH OCTOBER, 2008. ORAL JUDGMENT(Per N. A. BRITTO, J.) Heard Mrs. Norma Alvares, learned Counsel on behalf of the Petitioners. 2. The Petitioners in this petition filed in public interest, raised certain issues as regards zoning and constructions being allowed on hill slopes, being detrimental to planning and environment. The Development Regulations of the year 1989 had prohibited the construction on such hill slopes having gradient of more than 25% but such a restriction disappeared from the Planning Regulations of 2000. The Petitioners had challenged the grant of permissions to Respondent Nos.6, 7 and 8, but during the pendency of the petition an affidavit was filed stating that as far as Respondent Nos. 6 and 7 are concerned, a decision was taken by the Planning Board on 18-2-2003 that the land should be reverted to its original land use i.e. recreational conservation and as far as Respondent No.8 is concerned the height of the structure was restricted not to exceed 12 meters as per the Order of the Minister dated 18-2-2003, and the Petitioners, as stated by learned Counsel on behalf of the Petitioners, are, satisfied about the said decisions taken. Subsequently, the Government issued Circular dated 25-3-2005 by which the Development Authority(Development Plan Regulation 2000) were sought to be enforced in the respective planning areas which, inter alia, provided that no 4 development would be permitted in areas having gradient of 25% though the said Circular might not have legal sanctity. Nevertheless the fact remains that the Government did prohibit constructions on slopes having gradient of 25% and above. Thereafter the Government has published what is known as the Goa Land Development and Building Construction Regulations, 2008 and pursuant thereto, has published certain Draft Regulations which also provide that no construction would be permissible in areas having gradient of more than 25%, and which sufficiently address the concern of the Petitioners. As things stand today, the concerns of the Petitioners that no development ought to be permitted in such areas having a gradient of 25% have been sufficiently taken care of by the authorities, and, as such at present nothing survives in this petition and therefore the same is hereby dismissed as infructuous. A. P. DESHPANDE, J. N. A. BRITTO, J. RD