U.V. Bakre, J.

Heard learned counsel for the parties.

Rule. By consent heard forthwith.

2. By this Writ Petition filed under Article 226 of the Constitution of India, the Petitioners have prayed for an order to quash and set aside the order dated 17/6/2011 passed by the Respondent no. 3 and to declare that the action of Respondent no. 2 is illegal, arbitrary and ultra vires the provisions of the Goa Land (Prohibition of Construction) Act, 1985 ('The Act', for short) and the Constitution of India and to direct the Respondent no. 2 to consider the representation for regularization of the structure on the terms and conditions as deemed fit by the Respondent no. 2.

3. By the said order dated 17/6/2011, the Respondent no. 3, in exercise of the powers conferred under sections 4 and 6 of the Act, has directed the opponents who are 194 in number, all residents of PDA Colony, Alto Porvorim, Bardez-Goa, whose names are mentioned below the impugned order and which includes the petitioner no. 2, to demolish the construction of religious structure admeasuring 4.00 x 4.00 sq. metres, carried out by them in the property acquired by the Government bearing survey no.77/1 (part) of village Pilerne belonging to the North Goa Planning and Development Authority (NGPDA), within 48 hours of the receipt of the order.

4. The Petitioner no.1 is a registered Society, duly registered under the Goa Societies Act under No. 691/Goa/2011 and its members are the residents of PDA colony, Porvorim, Bardez-Goa and the Petitioner no. 2, who is one of the residents of said PDA colony, is the president of Petitioner no.1. According to them, there existed a temple of Lord Ganesh that was revered even prior to the development of the PDA colony and the said structure was in a dilapidated condition. Considering the sentiments of almost 800 residents/200 plots holders of the PDA colony, the residents of PDA colony had repaired the said temple, sometime in the month of December, 2009. The Petitioner no.1 was an unregistered association previously and due to increase in membership, the same came to be registered. After learning that the respondent no. 2 had complained about the said structure, alleging that the temple was built by unknown persons on the plot earmarked for market, the said 194 residents of PDA colony had made a representation dated 10/5/2011 to the respondent no. 2 stating therein the background of the idol of Lord Ganesh and expressing their religious sentiments. Inspite of that, order dated 17/6/2011 was passed by the respondent no. 3 for demolition of the said structure without hearing the residents of the colony, members of the Petitioner no. 1 or the opponents mentioned in the said order. The said order is illegal and without jurisdiction. By letter dated 28/6/2011, the Petitioner no. 1 had requested the respondent no. 2 that the said idol of Lord Ganesh and the sanctum sanctorum was existing at the site since time immemorial and hence in accordance with the sentiments of the residents , it should remain at the same site. The Petitioners even offered to purchase the said land. On 21/8/2011, Gram Sabha of Village Panchayat of Pilerne resolved to regularize the said temple structure considering the public sentiments. On 13.09.2011, it was brought to the notice of respondent no. 2 that the said structure does not come within the purview of the judgment of the Hon'ble Supreme Court. On 28/9/2011, the Petitioner no.1 also requested to consider the earlier proposal made by letter dated 13/9/2011 and to allot land admeasuring 960 sq. metres for the purpose of temple. It was informed by respondent no. 2 that the representation of the Petitioners is under consideration and that the said structure would not be demolished. Legal opinion from the learned Advocate General was also taken, who opined that the judgment of Hon'ble Supreme Court was not applicable to the case of the Petitioners. The respondent no. 2 may at any time carry out the demolition w