SHEVANTI PUTU NAIK Vs. ADDITIONAL DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) HEARD Mr. V. Thali, learned counsel appearing for the petitioners, Mr. V. Rodrigues, learned Additional Government Advocate appearing for respondent no.1, Mr. P. A. Kholkar, learned counsel appearing for respondent no.2 and Mr. S. D. Padiyar, learned counsel appearing for respondent no.4.

(2.) THE above petition challenges the order passed by the Dy. Director of Panchayats dated 04.05.1999 and the judgment passed by the Additional Director of Panchayats dated 10.12.2004 whereby, the petitioner no.1 has been directed to demolish an illegal construction carried out in the property bearing survey no.35/1 of Sanvordem Village.

(3.) ON the other hand, Mr. S. D. Padiyar, learned counsel appearing for respondent no.4 has pointed out that the authorities below have rightly come to the conclusion that the disputed structure is constructed in an open space and it is well settled that no construction can be carried out in an open space. The learned counsel further pointed out that it is well settled that this Court while disposing of a Writ Petition had directed the authorities to take action with regard to the disputed structure located in survey no.35/1 of Sanvordem Village and the exercise carried out by such authorities is in pursuance to such directions. The learned counsel as such points out that the respondent no.2 has settled the dispute with the petitioners, nevertheless, in view of the directions given by this Court, the respondent no.4 was impleaded as party before the Appellate Authority. The learned counsel further submits that the authorities have rightly appreciated the material on record and have come to the conclusion that the disputed structure is located in an open space which is not permissible. The learned counsel further submits that considering the reasons given by the authorities below, no interference is called for in the impugned judgment.