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2016 Supreme(Bom) 1273

C.V.BHADANG
Sebastiana Cardozo – Appellant
Versus
State of Goa through Chief Secretary With Office at Secretariat, Porvorim Goa – Respondent


Advocates Appeared:
For the Appellant :Smt. A. Agni, Senior Advocate with Ms. A. Kamat, Advocate
For the Respondent:Shri M. Pereira, Shri P. Faldessai, Additional Government Advocate,
Shri C. A. Ferreira, Advocate

JUDGMENT:

Rule made returnable forthwith. The learned counsel for the respondents waive service. Heard finally by consent of the parties.

2. The challenge in this petition is to the order dated 27/10/2015 passed by the Town and Country Planning Board (Board for short), by which the appeal preferred by the petitioners under section 52 of the Town and Country Planning Act 1974 (the Act, for short) has been dismissed thereby confirming the demolition notice dated 17/10/2011 issue by the South Goa Planning and Development Authority (Authority, for short).

3. The brief facts are that on the basis of a complaint lodged by the respondent no.4 a site inspection of the residential premises of the petitioner was carried out on 10/8/2011, in which the Authority found that there was an illegal construction of a building made, which consisted of a ground plus one and a ground plus two structure having the ground floor area of 8.50 x 4.10 sq.mtrs =34.85 sq.mtrs and 8.00 x 5.80 mtrs.= 46.40 mtrs. ( total ground floor area of 81.25 sqmtrs) constructed of laterite walls with RCC frame structure, part of which was found to be within the road widening area and without maintaining the necessary set backs


























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