LAWS(BOM)-2015-2-97

NARAYAN PARSEKAR Vs. UMAVATI MAHADEV HADFADKAR AND ORS.

Decided On February 11, 2015
Narayan Parsekar Appellant
V/S
Umavati Mahadev Hadfadkar And Ors. Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Respondents waive service. Taken up for final disposal.

(2.) The petitioner challenges the orders passed by the District Judge, Mapusa dated 7 February 2014, Additional Director of Panchayats dated 23 January 2012 and Deputy Director of Panchayats dated 1 February 2006, dismissing the complaint filed by the petitioner in respect of construction carried out by the respondents no.1 & 2.

(3.) The petitioner is owner of a property situated at Mandrem, Pernem, Goa along with a residential house and a hospital. On the east side of the petitioner's property is a property owned by one Gurunath Shetye, part of which is occupied by the respondents no.1 & 2. The petitioner filed a complaint to the Village Panchayat, Mandrem that the respondents no.1 & 2 were illegally extending construction of their house beyond the original plinth, touching compound wall on the eastern side and the foundation of the house was damaging the compound of the petitioner. According to the petitioner the construction was being done without maintaining proper setback. The petitioner stated that when he had gone to Bangalore to attend a conference, the respondents no.1 & 2 carried out the unauthorised construction.