COSME ROMALDO SILVEIRA Vs. VILLAGE PANCHAYAT CHICALIM

JUDGEMENT

(1.) Considering the nature of the controversy raised in the petition and the reliefs sought therein, the parties agree for final disposal of the petition at the stage of admission. Rule is accordingly made returnable forthwith. Respondent Nos.1 and 3 have filed their affidavits-in-reply. Heard the learned Counsel for the petitioner and the learned Counsel for the respondents.

(2.) The petitioner is the owner of the land at survey No.14/1-A situate at Village Dabolim which falls within the territorial jurisdiction of respondent no.1/Panchayat. He was granted Conversion Sanad under Section 32 of the Land Revenue Code with permission to use an area of 407 sq. meters out of the property for residential use. His application filed before respondent no.1 for construction licence was referred to the office of the Associate Town Planner by respondent no.1 and the Associate Town Planner by his letter dated 18-4-2005 gave no objection for the proposed construction of residential building subject to certain conditions contained therein after survey of the property and approval of the building construction plans by the Town and Country Planning Department, Mormugao. The Health Authorities also gave their no objection to the construction from the sanitary point of view. The petitioner completed the construction in accordance with the plans sanctioned. Respondent No.2 issued completion certificate dated 4th December, 2009 and directed the petitioner to pay infra-structure tax. Then the petitioner vide his application dated 14th December, 2009 applied for occupancy certificate to respondent no.1. That application was rejected by respondent no.1 and occupancy certificate refused to the petitioner vide its resolution dated 1st September, 2010. The two reasons stated in the resolution for refusal read as follows:

(3.) Therefore, the petitioner filed the present petition for a writ of certiorari for quashing of the resolution of respondent no.1 and a writ of mandamus to direct it to grant completion certificate to the petitioner.