JUDGMENT - F.I. REBELLO, J.:---This Court while adjourning the matter on 12th December, 2001, had adjourned it with notice to the parties that the matter on the adjourned date would be heard both on admission and final hearing. In the light of that, rule. Heard forthwith.

2. Petitioners, M/s. Down Mangor Valley Residents' Welfare Association, are registered under the Societies Registration Act. One of its aims and objectives is to provide for a children's park/garden in the open space identified as Plot 'C' of property known as 'Babquiadi' surveyed under Survey No. 59, P.T. Sheet No. 150, Mangor Hill, Vasco da Gama. The petitioner No. 2 is the Joint Secretary of petitioner No. 1. The President and the Joint Secretary have been duly authorised by a Resolution of petitioner No. 1 to file the present petition.

A few facts which are relevant for the purpose of disposal of this petition may now be set out. Late Bruno Lizardo Fernandes was the owner of the property which is the subject matter of the present petition. The said owner had applied to the respondent No. 1 for permission for development of the said property. By a letter dated 30th December, 1966, President of respondent No. 1 communicated to the owner, the Town Planning Committee the decision which reads as under :-

"The Town Planning Committee, has no objection to the sale of plots marked A, B, D. 12 with Plot 'C' left as open space but this does not give approval for the plots already sold.

The road pattern will affect the plots as shown in blue."

Next document is a Deed of Exchange dated 9th October, 1967, entered into between the owner and the second executing party, being one Daud Abubakar, by which a portion of the land belonging to the owner was exchanged. However, what is relevant in respect of the exchanged land is that on the western side was shown Plot 'C' destined as open space. Next is the letter dated 11th January, 1979, by the Chief Town Planner addressed to the predecessor-in-title of the first respondent, wherein the Chief Town Planner informed that they had received a communication from one Maria Virginia Da Silva Fernandes of Mangor Hill, Vasco da Gama, regarding the compulsory open space reserved by the original owner Bruno Fernandes to be converted into a garden/park at Mangor Hill. The Chief Town Planner requested the President to take necessary action in the matter under intimation to their office. Letter dated 21st June, 1980, is addressed by the Chief Town Planner to the Member Secretary, Mormugao Planning Development Authority. One of the subjects to which the attention of the investigators carrying out land survey had been referred to included the approved sub-division plan of late Bruno Fernandes, wherein one plot was reserved as open space in Babquiadi at Mangor Hill, in which it was stated was now occupied by illegal huts. On 4th July, 2001, respondent No. 1 had issued a public notice and in the public notice under the signature of respondent No. 2, it was informed that the respondent No. 1 proposed to take possession of the property described in the Schedule attached to the notice to develop as garden/park for the benefits of the resident of Down Mangor Valley. More importantly, the notice set out that the said property was handed over to the Council by the then landlord Bruno L. Fernandes by his formal letter dated 30th March, 1978, addressed to the Ex-President of the Council. It seems that the owners of the plot/occupants, from the affidavit of Mrs. Virginia Da Silva Fernandes, annexed as annexure to the petition, have been personally writing to various authorities regarding vacating the plot and building a garden/park on it, for which it was originally designated. There are averments to that effect in paragraph 4 of the petition which have not been denied in the affidavit-in-reply filed by the respondent No. 1. The grievance of the petitioners also is that protection was being given to the illegal hutments by politicians by putting pressur

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