- (1.)HEARD learned Counsel for both the parties. Perused the record. Rule. Rule made returnable forthwith by consent.
(2.)THE plaintiff which is a company incorporated under the provisions of the Indian Companies Act, 1956, and involved in the business of telecommunication, has filed this suit for permanent injunction against the defendants in their individual capacity and as representatives of the villagers of Benaulim and more particularly residents of Ward Mazilvado and Ascona, Benaulim, Salcete, Goa. Plaintiff claimed that the suit property bearing survey no. 272/9 belongs to one Mr. Honorato Velho who has given N.O.C. to the plaintiff permitting them to erect a Telecommunication Tower, BTS shelter and DG room in an area not exceeding 225 square meters at the south west side of the suit property bearing no. 272/9. Vide order dated 27/09/2004 the plaintiff sought permission from Margao Planning and Development Authority and also received the technical approval for construction from the Assistant Engineer, Margao, on 8/10/2004. On 27/09/2004, the plaintiff applied to the Panchayat of Cana Benaulim for seeking necessary licence/permission to carry out the proposed construction and the Panchayat had received objection of defendant nos. 1 and 2 dated 26/09/2004 for which reply was sent and Panchayat meeting was held wherein it was resolved to issue licence and on 13/01/2005 a construction licence was issued. Defendant nos. 1 & 2 and other villagers of Benaulim objected construction and Panchayat issued notice dated 27/12/2004 asking defendant nos. 1 & 2 to remain present on 4/01/2005, though none remained present and on 5/02/2005 plaintiff received a letter from the Panchayat revoking the licence based on the resolution passed in a special meeting held on 3/02/2005. The said revocation order was challenged by the plaintiff in this Court on the statements made by the Panchayat to withdraw the revocation and issue a fresh show cause notice. The petition before this Court was disposed of and order of show cause notice dated 30/04/2005 was issued by the Panchayat which is allegedly on frivolous grounds that such Gram Sabha has no authority to pass any order with respect to illegal construction and hence the suit came to be filed for permanent injunction. In the course of hearing, an application was made for temporary injunction pending disposal of the suit to restrain defendants from entering the suit property bearing survey No. 272/9 of Benaulim Village, Salcete Goa and interfering with the construction carried out by the plaintiff.
The defendants challenged the application on various grounds, inter alia, denying the allegations made by the plaintiff and raising certain objections to the act of the plaintiff on various grounds including that raising of tower would create health hazard. It was further submitted that, their right of way through the property was involved and some tenancy rights of particular persons were also infringed and on such of the grounds application was sought to be dismissed.

(3.)EARLIER, the trial Court after hearing both the parties rejected the plaintiff's application for injunction by order dated 19/09/2005. However, this Court by order dated 6/04/2006 in Appeal From Order No. 63 of 2005 remanded the matter, in so far as dismissal of the plaintiff's application for injunction was concerned and hence trial Court has heard the application after remand and has rejected the same by order dated 29/04/2006. Hence the present appeal.