ROUSSEAU RODRIGUES Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Nigel Da Costa Frias, the learned Counsel appearing for the petitioners, Mr. P. Dangui, the learned Additional Government Advocate appearing for respondents no.1,3,4 & 5, Mr. Byron Rodrigues, the learned Counsel appearing for respondent no.2 and Mr. J. Godinho, the learned Counsel appearing for respondents no.6,7,8,9 & 13.

(2.) Rule. Heard forthwith with the consent of the learned Counsel appearing for the respondents.

(3.) The above petition filed in public interest on the ground that despite of an order for demolition issued way back in the year 2009 by the local Panchayat - respondent no.2, no finality has been attained to comply with such demolition order. But, however, Mr. Godinho, the learned Counsel appearing for respondents no.6,7,8,9 & 13/occupants of the subject structures, has pointed out that the said respondents have preferred an appeal before the Directorate of Panchayat against the order of demolition which appeal came to be allowed and liberty was given to the said respondents to file an appropriate application for regularisation. The learned Counsel further submits that though such respondents did not submit the requisite application within the time specified in such order nevertheless, they have filed an application before the Directorate of Panchayat for further extension of time to submit an appropriate application for regularisation. The learned Counsel further points out that an application for regularisation is in fact pending before the local Panchayat which was submitted on 8/12/2008. The learned Counsel further points out that the application before the Directorate of Panchayat came to be rejected, but however, the challenge to such order before the learned District Judge in revision came to be allowed and the matter is now pending before the Directorate of Panchayat for examining such application afresh.