GOAN REAL ESTATE & CONSTRN.LD. Vs PEOPLE'S MOVEMENT FOR CIVIC ACTION &ORS.
Case number: T.P.(C) No.-000758-000758 / 2008
Diary number: 20783 / 2008
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.758 OF 2008
Goan Real Estate & Construction Ltd. & Anr. … Petitioner
Versus
People’s Movement for Civic Action & Ors. … Respondents
J U D G M E N T
J.M. Panchal, J.
1. By filing this petition under Section 25 of the Code of
Civil Procedure, 1908, the petitioners who are original
respondent Nos.6 and 7 before the High Court in PIL Writ
Petition No.403 of 2007 have prayed to transfer the
proceedings of PIL Writ Petition No.403 of 2007 titled as
People’s Movement for Civic Action and Anr. Vs. Goa Coastal
Management Authority & Ors. pending before the High Court
of Judicature at Bombay, Bench at Goa, Panaji to this Court
and be heard along with Special Leave Petition (Civil)
No.16728 of 2008. This Court has heard the learned counsel
for the parties. It may be mentioned that the petitioner had
filed Writ Petition (Civil) No.329 of 2008 which has been
disposed of by a separate judgment. On leave being granted in
Special Leave Petition (Civil) No.16778 of 2008, Civil Appeal
No.5281 of 2008 was registered. The said appeal was
disposed of by judgment dated August 28, 2008 while
disposing of the appeal, the petitioners were permitted to
complete the incomplete construction work done by them at
their own risk and cost. PIL Writ Petition No.403 of 2007 is
pending before the High Court of Judicature at Bombay,
Bench at Goa, Panaji since long.
2. No case is made out by the petitioners to withdraw to
transfer the said writ petition to this Court and decide the
same along with Special Leave Petition No.16728 of 2008.
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Therefore, the instant application is liable to be rejected. For
the foregoing reasons the application fails and rejected. There
shall be no order as to costs.
………………………CJI.
…………………………J. [J.M. Panchal]
New Delhi; March 31, 2010.
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