: 1 : IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 130 OF 2010 Mrs. Maria Manuela E. Da Silva e Mascarenhas, aged about 50 years, resident of Tukaram Apartments, F-4, First Floor, Tonca, Caranzalem, Goa 403 002 ... Petitioner V e r s u s 1. North Goa Planning and Development Authority, through its Member Secretary, Shri Ashok Kumar, Mala, Panaji Goa. 2. The Conservation Committee, through Chief Town Planner, Department of Town and Country Planning, Government of Goa at Panaji Goa. ... Respondents Mr. J. P. Mulgaonkar, Advocate for the Petitioner. Mr. A.N.S. Nadkarni, Senior Advocate with Mr. H. D. Naik, Advocate for Respondent No.1. Mr. G. Shirodkar, Government Advocate for Respondent No.2. : 2 : CORAM:- S. J. VAZIFDAR & U.D. SALVI, JJ Dated:- 5th May, 2010. ORAL JUDGMENT (Per S.J. VAZIFDAR, J) 1. Rule, returnable and heard forthwith. 2. Mr. Nadkarni, submitted that the Petitioner has an alternate remedy of an appeal under Section 45 of the Goa Town and Country Planning Act, 1974. Mr. Mulgaonkar however submitted that the contention raised in the present Writ Petition is that the Conservation Committee is itself vested with powers to decide the Petitioner's application. This contention can also be raised and decided in the Appeal. There is no delay on the part of the Petitioner in approaching this Court. The Writ Petition is not entertained only in view of the ground of an alternate remedy being available. 3. The Writ Petition is disposed off by the following order : : 3 : (1) The Petitioner shall at liberty to file an appeal under Section 45 of the said Act on or before 20th May, 2010 without prejudice to all her rights including the contentions raised in this Writ Petition. (2) The Appellate authority shall dispose off the matter on merits as expeditiously as possible. No order as to costs. S. J. VAZIFDAR, J U.D. SALVI, J at*