The main legal point established in the judgment is that unauthorised constructions and infringement of building regulations are illegal and must be addressed by the public authorities, ensuring safety and convenience for the residents.

JUDGMENT - A.S. AGUIAR, J.:---The above writ petition has been registered on cognizance being taken by this Court on the complaint dated 22-3-99 filed by one Diago Antao, complaining of infringement of building regulations and unauthorised constructions carried out by M/s. Koshy Builders. More specifically, the complaint refers to the following projects/constructions namely:--- (1) Aristocrat Apartments at Mangor alleging that Koshy Builders had exceeded FAR to the extent of 500 sq. metres; (2) Violation of FAR and construction of additional building next to Koshy Chambers, Vaddem; (3) Illegal extensions to Mamta Apartments near Natraj Restaurant, Vaddem; (4) Illegal structures put up in Oscar's plot, opposite to Vasco clinic next to Railway Lines.

2. It is the case of the complainant that the illegal construction activity of the said Koshy Builders if unchecked would set a bad precedent; that if the said Builders are not taken to task they will continue constructing further illegal structures and it is apprehended that there will be proliferation of unauthorised constructions. It is also prayed that the authorities who have given the permission for constructing and issued occupancy certificates, etc. to the said Builders be taken to task.

3. Pursuant to the said complaint, notice was issued to the Chief Officer, Vasco Municipal Council, calling for his report. The Chief Officer of the Mormugao Municipal Council, Vasco-da-Gama, submitted his report dated 14-5-99 from which it appeared there was substance in the complaint of the said Diogo Antao and that the Municipal authorities had shown laxity in taking action against the illegal constructions. Hence the complaint came to be registered as Public Interest Litigation Writ Petition No. 196/99 and notices issued to the Chief Officer, Mormugao Municipal Council and M/s. Koshy Builders.

4. The Managing Director of Koshy Builders (respondent No. 2) has filed an affidavit-in-reply wherein he has stated as follows:---(i) He had nothing to do with Mamata Apartments near Natraj Restaurant at Vaddem; (ii) He admits that Aristocrat Apartments at Mangor, have been built by him; (iii) He also admits that the building referred to in para 2 of the said letter, namely illegal additional building next to Koshy Chambers, Vaddem is a building constructed by him on the plot of land belonging to Ashok Sankwalkar and others and pointed out that he has filed a writ petition in this Court, namely Writ Petition No. 231/99 praying for several reliefs; (iv) He also admits that the building opposite Vasco Clinic i.e. Oscar Apartments has been developed by him.

5. So far as the building, more commonly referred to as Belmira Apartments on a plot of land belonging to Ashok Sankwalkar (Item No. 3 of the complaint) is concerned, the petitioner had filed Writ Petition No. 231/99 seeking reliefs inter alia for a writ of mandamus to Vasco Planning and Development Authority for issue of NOC in respect of the revised plans and for a writ of mandamus directing respondent No. 1 to approve the revised plans as approved by Vasco Planning and Development Authority. The above writ petition along with Writ Petition No. 231/99 were heard at length and at the fag end of the arguments, wiser Counsel seem to have prevailed and Koshy Builders/petitioners in Writ Petition No. 231/99 applied for withdrawal of the said petition which was allowed and dismissed for non-prosecution and disposed of.

6. The present writ petition, namely 196/99, is confined to the complaint of unauthorised constructions in 'Oscar Apartments' and 'Aristocrat Apartments' only.

7. In connection with 'Oscar Apartments', Koshy Builders in their affidavit have stated the same is constructed on the property bearing Chalta Nos. 40, 43, 77, 78 and 81 of P.T. Sheet No. 102 belonging to Mrs. Ermelinda D'Souza and Pricilla D'Souza of Vasco-da-Gama which was purchased by Koshy Builders pursuant to the agreement, the total area of the plot being 486 sq. metre. M/s.

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