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2022 Supreme(Bom) 276

MANISH PITALE
Fanny Elaine D'Silva – Appellant
Versus
Village Panchayat of Betalbatim – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Valmiki Menezes, Mr. Akshay Shirodkar.
For the Respondents: Mr. Byron Rodrigues, Ms. Maria Correia Afonso, Mr. Metlock D'Souza, Mr. Ryan Menezes, Mr. N. Fernandes.

JUDGMENT :

MANISH PITALE, J.

1. Heard finally with the consent of the learned Counsel appearing for the parties.

2. Rule. Learned Counsel appearing for the Respondents, waive notice.

3. By this Petition, the Petitioner has challenged order dated 26.07.2021, passed by the Respondent No. 7, whereby Appeal filed by the Respondent No. 5 has been allowed and an order passed by the Respondent No. 8-Deputy Collector, has been set aside, further directing the said Respondent to regularize the unauthorized construction of Respondent No. 5.

4. According to the Petitioner, the said Order flies in the face of adverse Orders passed in earlier proceedings by the District Court, this Court and the Hon'ble Supreme Court. It is further submitted that even if the application for regularization filed by Respondent No. 5, under the provisions of the Goa Regularization of Unauthorized Construction Act, 2016 (hereinafter referred to as ‘the Act of 2016’) was to be considered on its own merits, it would be obvious that Respondent No. 7 could not have allowed the same.

5. Shorn of unnecessary details, the facts leading up to filing of the present Petition are that, the petitioner raised a grievance that the Res

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