IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 389 OF 2002 SHRI VASSUDEV TAMBA,ST.INEZ,PANAJI-GOA. ... Petitioner Versus THE STATE OF GOA AND ORS. ... Respondent Mr. M. S. Sonak, Advocate for the Petitioner. Mr. S. G. Dessai, Senior Advocate for respondent no.11. Coram:- S. C. DHARMADHIKARI & SANTOSH BORA, JJ. Date:- 12th August, 2008 P.C. The petitioner and contesting respondent no.11 have agreed that the Minutes of Order which are signed by petitioner and his Advocate so also the authorised signatory of respondent no.11 and their Advocate be taken on record and an Order be made in terms thereof. 2. It is the case of the petitioner that the existing drain was sought to be interfered with by a construction which was proposed in his neighbourhood. As that would adversely affect the drainage system which is already installed creating health hazard, he has approached this Court. After the petition was admitted, the parties during the pendency thereof have arrived at an Agreement whereunder respondent no.11 has agreed and undertaken not to commence any construction activity so as to affect the existing drain but it would construct open R.C.C. drain having length of 140 mts. and breadth of 3 mts. (at the base), projecting upwards at an angle of 60 degrees and 5 mts. at the surface, in accordance with Plan-1 annexed to the Minutes at its own costs, prior to undertaking any other development or construction works in the property more particularly described in Clause 1 of the Minutes of the Order. 3. An affidavit has been filed by Director of respondent no.11, who is duly authorised, stating therein that respondent no.11 has purchased an immoveable property under registered Sale Deed dated 19.04.2006 and description of the property is set out in Paragraph 2 of the affidavit. 4. In Paragraph 4, the visits of the technical personnel are referred to and, thereafter, it is stated in Para 5, that the drainage now proposed will not in any manner cause prejudice or flooding in the adjacent areas in general and the property under survey no.11 of the petitioner in particular. In Clause 6, an undertaking is given to the Court to construct the open drain in the manner set out in Para 3 of the affidavit. 5. Further it is stated that all constructions would be done after necessary permissions, approvals and licences are obtained from appropriate authorities. 6. In the light of this affidavit and the undertaking therein so also the Minutes which are filed, we are satisfied that the grievance of the petitioner in particular and those residing in the neighbourhood of the subject property, are redressed. The respondent no.11 is directed not to commence any construction unless all approvals, permissions and licences which are necessary for the same are obtained from the concerned authorities. We are fully satisfied that the Minutes have been filed after the parties have agreed to resolve their disputes as set out therein. The Minutes fully resolve the disputes. We are satisfied that the Minutes have been tendered after all implications and consequences of the terms therein and the undertakings to the Court are understood. There is no pressure or force or coercion of any kind and the arrangement is arrived at willingly. 7. In such circumstances, Minutes of Order are taken on record and marked 'X' for identification. There will be Order in terms of the Minutes. Undertaking in Paras 6 and 7 of the affidavit are accepted. 8. Petition disposed off accordingly. Interim Order, if any, to stand vacated. Misc. Applications are also disposed off in the light of the Minutes. S. C. DHARMADHIKARI, J. SANTOSH BORA, J. arp/*