MEDHANA DIGAMBER HARMALKAR Vs. MAMATA MAHADEV GADEKAR

JUDGEMENT

(1.) THE Appeal arises out of the Judgment and Decree passed by the District Judge -II at Panaji, in Civil Suit no. 305/2004, on 26.12.07, by which the suit filed by the Respondent is partly decreed directing the original defendant no. 2 -Sarpanch,Village Panchayat of Guirim to initiate an action against the illegal construction carried out by the Appellant, according to law. The learned Trial Judge has further directed the original defendant no. 3 -Senior Town Planner to revoke the approved revised plan of the Appellant and the licence/permission granted in favour of the Appellant is declared as null and void.

(2.) THE case of the Respondent no. 1 -Plaintiff is that she is the neighbor of the Appellant -original defendant no. 1, that the Appellant -defendant no. 1 has illegally constructed a house because of which the Respondent no. 1 -original Plaintiff is directly affected. According to the Plaintiff, show cause notice dated 27.03.2001 was issued to the defendant no. 1 after a report was prepared by the Asst. Engineer, Public Works Department which showed that the defendant no. 1 had not maintained the set back as per the approved plan while constructing the house.

(3.) HEARD Shri Teles, learned Advocate for the Appellant and Shri Valmiki Menezes, learned Advocate for the Respondent no. 1 and with the assistance of the learned Advocates for the parties, I have examined the record. The points which arise for my consideration are: -