VISHWANATH D. NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith at the request of and with the consent of the learned counsel for the parties.

(2.) Mr. Nigel Costa Frias, the learned counsel for the Petitioner has basically raised three grievances in relation to the construction put up by respondent no.4 in property bearing Survey No.249/1, Curchorem Village, Quepem, Goa (said property):-

(3.) Mr. Shivan Desai, the learned counsel for respondent no.4 vehemently urged that this is not a genuine public interest litigation but rather, this is a petition filed at the behest of Mr. Vinay Desai, the municipal engineer of the Curchorem-Cacora Municipal Council (Council) who has made demands of gratification from respondent no.4 for grant of Occupation Certificate to the building in the said property. Mr. Desai submitted that the respondent no.4 in fact addressed a complaint dated 07.07.2018 to the Chief Officer and followed this by a complaint before the Lok Ayukta. Mr. Desai submits that the petitioner who is running a bar and restaurant on a different road and in a different ward has no nexus whatsoever with the construction in the said property and therefore, this is not a bonafide public interest litigation. Mr. Desai submits that in fact this Court should order the authorities to investigate into the complaints made against the municipal engineer.