LAWS(BOM)-2020-3-532

MARTHA LUIS Vs. STATE OF GOA AND ORS.

Decided On March 12, 2020
Martha Luis Appellant
V/S
State Of Goa And Ors. Respondents

JUDGEMENT

(1.) Heard Mrs. A. Agni, learned Senior Advocate who appears alongwith Advocate Ms. Jay Sawaikar, for the Petitioner and Ms. Priyanka Kamat, learned Additional Government Advocate for Respondents no. 1, 2, 3 and 5. Respondent no. 4 though served is neither present through any representative or Advocate.

(2.) The Petitioner challenges the determination of rate of 3600/- per square metre levied upon her for regularisation of her encroachment on the plot belonging to the Communidade of Mormugao-(Respondent no. 4).

(3.) The Petitioner concedes that she was an encroacher of a plot of land admeasuring 393 sq.mts belonging to the Communidade of Mormugao upon which her father-in-law had constructed a residential house much before the cut-off date of 15.06.2000. Accordingly, the Petitioner, vide her application dated 04.01.2002 in the prescribed form, applied for regularisation of this encroachment by invoking the provisions of Article 372-A of the Code of Communidade (the Code).