VINCENT FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) Rule. With the consent of the learned Counsel for the parties, the petition is disposed of finally.

(3.) By this petition, the petitioner seeks a writ of certiorari to quash an order dtd. 25/7/2023 passed by the Additional Director of Panchayats (DOP), Panaji, Goa in Case No.ADP-II/P.A.104/2014, exercising powers under Sec. 66 (7) of the Goa Panchayat Raj Act (The Panchayat Act); by the impugned order the DOP has allowed an appeal filed by Respondent No.3, against an order of demolition of a house structure, and granted him liberty to apply for necessary permissions on the Competent Authority for regularisation of the illegal construction. A further relief has been sought in this petition for a mandamus to be issued to the Panchayat to demolish the illegal structures under the two demolition orders issued against Respondent No.3, with a further relief to direct the Senior Town Planner to take action against the Respondent No.3 in terms of Sec. 17A of the Town & Country Planning Act for ensuring the mud/filling done by Respondent No.3 in the low lying agricultural field be removed, and the field restored to its original condition.