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2023 Supreme(Bom) 1826

M. S. SONAK
Kashinath Tima Dhavalikar Alias Gaude – Appellant
Versus
Village Panchayat Queula – Respondent


Advocates appeared:
Coelho Pereira, Advocate, Sagar Rivankar, Advocate, A.D.Bhobe, Advocate, Jatin Ramaiya, Advocate

JUDGMENT/ORDER

1. Heard Mr Coelho Pereira, learned Senior Advocate who appears along with Mr Sagar Rivankar for the Petitioner, Mr A. D. Bhobe for Respondent No.1 and Mr Jatin Ramaiya for Respondent Nos.2 and 3.

2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.

3. The challenge in this petition is to the following:-

<WXY>a) Panchayat's demolition order dtd. 1/11/2017;

b) Additional Director of Panchayat's Judgment and Order dtd. 4/11/2020 partly upholding Panchayat's demolition order dtd. 1/11/2017;

c) District Court's order dtd. 11/2/2022 upholding Additional Director of Panchayat's Judgment and Order dtd. 4/11/2020.</WXY>

4. Thus, the challenge in this petition is to the concurrent orders made by the Panchayat, Additional Director of Panchayats and the District Court ordering the demolition of illegal constructions put up by the petitioner in the property surveyed under No.26/1 of Village Queula, Goa. Even though the show cause notice and demolition order was made in respect of ten structures, the Additional Director, in his Judgment and Order dtd. 4/11/2020, directed the demolition of seven illegal structure

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