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        HC upholds 1-year validity of construction licence under CCP law

        Fecha:Nov 9,2012

        A division bench comprising Justice S J Vazifdar and Justice U V Bakre observed thus: "The legislature is entitled to stipulate different conditions in respect of the permissions granted under the respective enactments. The applicant must comply with the conditions under both the enactments."

        Dias approached the high court and pointed out that regulation 3.9 of the Goa Land Development and Building Construction Regulations, 2010, states that the sanction for erection of the building remains in force for three years.

        During the hearing of the case, Dias's lawyer J Godinho submitted that the regulation 3.9 overrides Section 262 of the Corporation Act, which restricts the period of validity of construction license to one year.

        While arguing that various enactments operate for different purposes, advocate general of the state ANS Nadkarni pointed out that the development permission is granted under the Development Act and the construction licence is granted under the Corporation Act.

        The court also noted that there is no inconsistency between Section 262 of the Corporation Act and Regulation 3.9 of the Development Regulation as the purpose of these enactments are different.

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