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2004 Supreme(SC) 302

R.C.LAHOTI, A.R.LAKSHMANAN
Piedade Filomena Gonslves – Appellant
Versus
State Of Goa – Respondent


ORDER

The appellant is in possession of a piece of property included in survey No. 54/4 located within the jurisdiction of village panchayat of Colva, Salcete, Goa. It is the appellant s own case, vide para 4 of the writ petition, that earlier there existed a structure of thatched roof supported by laterite stone pillars, which structure was used by sun bathers and visitors. However, in place of old construction, appellant commenced putting up fresh construction which resulted into a pucca building coming up in existence in place of the old structure.

2. The new building is now a structure of laterite stones and cement with a concrete roof. This construction was commenced on 13.7.1994 and completed on 17.8.1994. Two writ petitions came to be filed in the High Court of Bombay at Goa. CWP No. 76 of 1995 was filed by the appellant s neighbour seeking demolition of the construction put up by the appellant. CWP No. 237 of 1999 was filed by the appellant seeking protection of the construction raised by her. The petitioner in CWP No. 76 of 1995 alleged the appellant s construction to be unauthorised and also violative of High Tide Line in Coastal Region Zone within which no construction is










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