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2021 Supreme(Bom) 610

M.S.SONAK, BHARATI H.DANGRE
Fanny Elaine Dsilva – Appellant
Versus
Village Panchayat Of Betalbatim – Respondent


Advocates appeared:
Valmiki Menezes, Advocate, Byron Rodrigues, Advocate, D.J. Pangam, Advocate, Ankita Kamat, Advocate, Matlock Dsouza, Advocate

JUDGMENT

M S Sonak, J. - Heard the learned Counsel for the parties.

2. The Panchayat, in this case, issued a demolition order dated 18/11/2013 in the matter of certain illegal construction put up by Respondent No.5.

3. Respondent No.5 took out proceedings, questioning this demolition order before the authorities under the Goa Panchayat Raj Act, 1994. After such proceedings failed, the Petitioner applied for regularisation of the structure. Till date, there is no order for regularisation of the structure.

4. The District Judge-4, South Goa at Margao whilst allowing the Civil Revision Application No.41/2018 instituted by the Petitioner, had made the following order :

"ORDER

(A) The Civil Revision Application is allowed.

(B) The impugned Judgment and Order dated 02.05.2018 passed by the Ld. Addl. Director of Panchayats-lII, Margao In Panchayat Appeal No. MAR-I/78/2013 is modified in the following terms:

(i) The respondent no.2 is given an opportunity to get his unauthorized construction regularized within a period of 3 (three) months from today, if such regularization is permissible.

(ii) In case the respondent no.2 does not avail the opportunity within the said period or the unauthorized

cons

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