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2022 Supreme(Bom) 451

M.S.SONAK, R.N.LADDHA
Ramakant S. Shetkar – Appellant
Versus
State of Goa, Through the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner: Mr. Chaitanya Padgaonkar.
For the Respondents:Mr. D.J. Pangam, Advocate General with Mr. Geetesh Shetye, Additional Government Advocate, Mr. P. Shirodkar, Mr. Arjun F. Naik.

JUDGMENT :

M.S. Sonak, J.

1. Heard Mr. Padgaonkar for the Petitioner, Mr. D. Pangam learned Advocate General who appears along with Mr. G. Shetye, Addl. Govt. Advocate for Respondents No.1 and 2, Mr. P. Shirodkar for Respondent No.3, and Mr. Arjun Naik for Respondent No.4.

2. Rule. The rule is made returnable forthwith with the consent of and at the request of the learned Counsel for the parties.

3. In this case, an illegal and unauthorized construction was put up by Respondent No.4 in a property situated at Kumbharwada, Bicholim, Goa. The Petitioner, therefore, filed a complaint against this illegal construction sometime in February 2012. Repeated complaints were filed between February 2012 and May 2012.

4. Ultimately, on 18/3/2013 a site inspection was carried out by the concerned Officer of the Bicholim Municipal Council and the transgression report depicting the illegalities was prepared. Based on the same, a show-cause notice dated 8/4/2013 was issued to Respondent No.4. After considering the cause shown by Respondent No.4, on 29/02/2016, a demolition order was made requiring Respondent No.4 to remove the illegal construction within 15 days from the receipt of the said order.

5. Res

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