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2015 Supreme(Bom) 1549

F.M.REIS, K.L.WADANE
Vijay Laxman Bhike – Appellant
Versus
State of Goa – Respondent


Advocates Appeared:
Mr. Nigel da Costa Frias, Advocate for the petitioner.
Ms. Sapna Mordekar, Addl. Government Advocate for the respondents No.1 to 5.
Mr. Shivan Desai, Advocate for the respondent No.6.

JUDGMENT :

F.M. REIS, J.

Heard Mr. Nigel da Costa Frias, learned Counsel appearing for the petitioner, Ms. Sapna Mordekar, learned Additional Govt. Advocate appearing for the respondents No.1 to 5 and Mr. Shivan Desai, learned Counsel appearing for the respondent No.6.

2. Rule. Heard forthwith, with the consent of the learned Counsel. Learned Counsel appearing for the respondents waive notice.

3. Upon hearing the learned Counsel appearing for the respective parties, we find that the relief sought by the petitioner in the above Public Interest Litigation, inter alia, reads thus :

“ For a direction to the Respondent Nos. 1 to 5 to forthwith enforce and implement the provisions of Goa Land Revenue Code; The Goa Land Use Act and the Goa Agricultural Tenancy Act and thereby prevent illegal/misuse of agriculture land and thereby to forthwith initiate action against the illegal construction in the suit property admeasuring 3294 sq. mtrs., surveyed under P.T. Sheet No.161, Chalta No.3/3 of City Survey Mapusa and forthwith stop the construction therein”

4. The respondent No.6 has filed an affidavit and has, inter alia, stated at para 2 that no building/construction activity is being under





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