FILOMENA SALDANHA Vs. SUNIL KOHLI

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) These appeals are directed against the order dtd. 28/2/2023 passed by the High Court of Judicature at Bombay at Goa in an Application for Speaking to Minutes in Misc. Civil Application No. 176/2022 in Writ Petition No. 157 of 2019; and order dtd. 18/1/2024 of the High Court in Review Application (Civil) No. 10/2023 dismissing the review petition.

(3.) Brief facts necessary for the disposal of these appeals are as follows. The respondent filed an appeal under Sec. 66(2) of the Goa Panchayat Raj Act, 1994 [Hereinafter referred to as the "Panchayat Act'] before the Deputy Director of Panchayats challenging the Village Panchayat's refusal to issue a construction licence in his favour. This licence would have allowed the respondent to raise a construction on his land, which is adjacent to the land of the appellant. The Deputy Director of Panchayats allowed the appeal by an order dtd. 29/1/2013 and directed the Village Panchayat to grant the construction licence. Claiming that this construction would adversely affect the pathway, the appellant challenged the order of the Deputy Director of Panchayats by way of an appeal before the Director of Panchayats under Sec. 66(7) of the Panchayat Act. The appeal came to be allowed by an order dtd. 3/7/2015. The respondent challenged this order in a revision application before the District Judge-IV, South Goa [Hereinafter referred to as the "Ld. District Judge'] under Sec. 201-B of the Panchayat Act along with an application to condone the delay of 122 days (alleged to be 360 days as per the appellant) in filing the revision.