1 IN THE HIGH COURT OF BOMBAY AT GOA Writ Petition No. 787 of 2010 Shri Shaik Abdul Rahim, son of Abdul Rahim, resident of Rahim Manzil, Near Marutigad, Kakoda, Curchorem, Goa. ... Petitioner V e r s u s 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 Petitioner. Mr. N.K. Sawaikar, Advocate for Respondent No. 1. Mr. A.N.S. Nadkarni, Senior Advocate with Mr. D. Lawande, Advocate for Respondent No. 2. Ms. Norma Alvares, Amicus Curiae in Suo Motu W.P. No. 2/2007. 2 Coram: S. B. DESHMUKH & F.M. REIS, JJ. Date: 6 th December, 2010. ORAL JUDGMENT (per S.B. Deshmukh, J): We have heard the learned Counsel appearing for the respective parties. 2. Learned Counsel for the Petitioner has made available order passed by this Court on 29-06-2010 in Writ Petition No. 475/2010. The same is taken on record and marked "X" for identification. 3. Issue in this petition is identical to the issue in Writ Petition No. 475/2010. Learned Counsel present before this Court agree that Suo Motu Writ Petition No. 2/2007 is pending before this Court and order passed on 25-11-2009 in Suo Motu Writ Petition No. 2/2007 is also not disputed. 3 4. For the reasons which we have recorded in Writ Petition No. 475/2010, we are of the opinion that, this petition can be disposed of by issuing rule. 5. Rule. Rule by consent of the learned Counsel appearing for the respective parties heard finally. We are inclined to pass a similar order which is passed in Writ Petition No. 475/2010 on 29-06-2010. 6. This petition is disposed of by issuing the following directions:- (a) It will be open to the first Respondent to issue construction licence and occupancy certificate to the Petitioner. However, the construction licence and occupancy certificate shall be granted subject to compliance with Rule 27 of the Model Bylaws under the Goa Daman and Diu Municipal Council Building Byelaws, 1987. (b) Licence shall be issued within a period of three 4 weeks from today. The Municipal Council shall enforce the compliance of the said Bylaws before granting licence. (c) There shall be no order as to costs. Rule made absolute in above terms. S. B. DESHMUKH, J. F. M. REIS, J. Ev