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2024 Supreme(Bom) 1045

M. S. SONAK, VALMIKI SA MENEZES
Pradip Prabhakar Volvoikar – Appellant
Versus
Corporation of The City of Panaji – Respondent


Advocate Appeared:
For the Appellant :Mr. Shivraj Gaonkar with Mr. P. Sirvoicar, Mr. Suhas Naik and Mr. Yash Naik, Advocates
For the Respondent:Mr. Somnath Karpe with Ms. S. Vaigankar, Ms. S. Bangera, Advocate, Mr. Gaurang Panandikar with Mr. Shubham Phadte, Advocates, Mr. Shubham Priolkar, AGA

JUDGMENT :

Heard Mr. Shivraj Gaonkar for the petitioner, Mr. Somnath Karpe for respondent no.1 - Corporation of the City of Panaji (CCP), Ms. S. Bangera for respondents no.2 and 3, Mr. Gaurang Panandikar for respondents no.4 and 5 and Mr. Shubham Priolkar, learned AGA for the State.

2. This petition is an abuse of the judicial process and has been instituted by the brothers and sons of the second and third respondents, who have suffered a demolition order from the CCP and further gave undertakings to this Court that they would demolish the structures in question within a time-bound schedule. After the demolitions were partially carried out, the present petitioners, after having unsuccessfully challenged the orders made by this Court before the Hon'ble Supreme Court, have instituted this petition to stall the demolition process which is undertaken. The petition is replete with false contentions and suppressions.

3. The fourth and fifth respondents (complainants) complained to the CCP about the patently illegal constructions by Shailesh and his mother (second and third respondents). The complainants pursued the matter with the CCP because, initially, no action was taken on their complai

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