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2009 Supreme(Bom) 959

A.H.JOSHI
Miss Samira R. Gauns – Appellant
Versus
Chandrakant S. Paryekar – Respondent


Advocates:
Advocate Appeared:
Mr. A.D. Shobe, Advocate for the petitioner:
Mr. V.R. Tamba, Advocate for the respondents.

JUDGMENT

Joshi, J.-Rule. Rule is made returnable forthwith and is heard by consent.

2. Petitioner herein who is herself practicing Advocate had approached this Court by filing Writ Petition No. 770/2008 and had claimed that she should be heard before the Municipal Council who was in the process of considering the respondent No. l's claim for regularization of illegal construction.

3. In the said Writ Petition No. 770/08, present respondent No. 1 was respondent No.4, and this Court disposed of said Writ Petition at the motion hearing without notice to respondent No.4.

4. Present petition was heard by the Municipal Council in the light of order passed by this Court.

5. The Municipal Council passed order on 29.12.2008 and directed that the illegal construction belonging to present respondent No. 1 shall be demolished by her and in event of her failure it would be done by the Council at her cost etc.

6. Present respondent No. 1 has preferred an appeal which is pending before the Goa Municipalities Appellate Tribunal as Municipal Appeal No. 1/2009.

7. In the said appeal present petitioner filed Misc. Application No. 14/2009 seeking leave to intervene and to be heard, and said application has b



















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