DIOGA ANTAO Vs. CHIEF OFFICER MORMUGAO MUNICIPAL COUNCIL

JUDGEMENT

(1.) THE above writ petition has been registered on cognizance being taken by this Court on the complaint dated 22-3-99 filed by one Diago Antao, complaining of infringement of building regulations and unauthorised constructions carried out by M/s. Koshy Builders. More specifically, the complaint refers to the following projects/constructions namely:- (1) Aristocrat Apartments at Mangor alleging that Koshy Builders had exceeded FAR to the extent of 500 sq. metres; (2) Violation of FAR and construction of additional building next to Koshy Chambers, Vaddem; (3) Illegal extensions to Mamta Apartments near Natraj Restaurant, Vaddem; (4) Illegal structures put up in Oscars plot, opposite to Vasco clinic next to Railway Lines.

(2.) IT is the case of the complainant that the illegal construction activity of the said Koshy Builders if unchecked would set a bad precedent; that if the said Builders are not taken to task they will continue constructing further illegal structures and it is apprehended that there will be proliferation of unauthorised constructions. It is also prayed that the authorities who have given the permission for constructing and issued occupancy certificates, etc. to the said Builders be taken to task.

(3.) PURSUANT to the said complaint, notice was issued to the Chief Officer, Vasco Municipal Council, calling for his report. The Chief Officer of the Mormugao Municipal Council, Vasco-da-Gama, submitted his report dated 14-5-99 from which it appeared there was substance in the complaint of the said Diogo Antao and that the Municipal authorities had shown laxity in taking action against the illegal constructions. Hence the complaint came to be registered as Public Interest Litigation Writ Petition No. 196/99 and notices issued to the Chief Officer, Mormugao Municipal Council and M/s. Koshy Builders.