ADV. AIRES RODRIGUES Vs. COMMUNIDADE OF SERULA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard by consent.

(2.) This PIL Writ Petition is filed by the petitioner who is an Advocate practising in this Court as a public spirited citizen to challenge the order of respondent No.3, Administrative Tribunal (allowed to be deleted vide order dated 22/10/2013), dated 27th September, 2012, regularising the encroachment of respondent No.4 and also for removal of the said encroachment and for an order restraining respondent No.4 from alienating the encroached property and using the same for any purpose.

(3.) The petitioner has set out how respondent No.4 came to encroach and consequently came to be in possession of the disputed property. It was initially an open land. Respondent No.4 put up a shed under the umbrella of a resolution passed by respondent No.1, permitting construction on an area of 9 x 11 metres (99 sq. metres) in survey No.366/6 of Village Sucorro for an annual rent of Rs.600/-. Respondent No.4 was leased an area of 111.97 sq. metres to build and utilize the disputed property for an annual rent of Rs.75/- as per the Special General Meeting of respondent No.1 dated 22nd February, 2004.