MUKUND D DESHPANDE Vs. SECRETARY

JUDGEMENT

(1.) RULE. By consent, heard forthwith.

(2.) HEARD, shri S. Dessai, learned counsel on behalf of the petitioner.

(3.) THE intervenor is wife of Joseph Santan Fernandes who had brought the said construction to the notice of Village Panchayat as a result of which a notice was issued to the petitioner/attorney dated 15.4.2008 calling upon him to stop the construction immediately and remain present for a site inspection on 17.4.2008. Accordingly a site inspection was carried out and a notice dated 2.8.2009 was issued to the petitioner/attorney. THE said notice was replied to by reply dated 8.8.2009. THE petitioner/attorney stated that he had not done any new construction and that he is the power of attorney and is in peaceful possession of the said property surveyed under no. 22/6. It appears that the said intervenor alongwith his wife Peterin Fernandes are in occupation of survey no. 72/6/A and resides in the house existing therein. After the reply was filed the village panchayat at its meeting unanimously resolved that construction was illegal and as a result thereof the petitioner/attorney was directed by order dated 3.10.2008, signed by the Sarpanch of the said village panchayat to demolish the said illegal construction.