ADOLFO JOHN CARVALHO Vs. ELIAS FERNANDES

JUDGEMENT

(1.) The petitioner had filed a writ petition being Writ Petition No. 165 of 2004 against the State of Goa, Deputy Director of Panchayat, Village Panchayat of Merces, The Secretary, Village Panchayat Merces, Panjim Planning Development Authority and M/s. Mark Builders (respondents 1 to 6 respectively) complaining about various illegalities committed by respondent 6 therein M/s. Mark Builders. It was the case of the petitioner that M/s. Mark Builders had made construction in violation of approved plans and construction license. Details of the alleged illegalities were set out in the petition.

(2.) The petitioner had averred in that petition that after noticing the illegalities committed by M/s. Mark Builders, the petitioner by complaint dated 12/6/2003 brought them to the notice of the Panchayat, in terms of section 66 of the Goa Panchayat Raj Act, 1994 (for short, the said Act). It was his case that as per section 66 of the said Act, the Panchayat is bound to take action within 30 days of receipt of the complaint. On failure of Panchayat to take action, the Deputy Director of Panchayat is empowered to assume powers of the Panchayat. Since no action nor any communication was received within a period of 30 days, as per section 60 of the said Act, the petitioner preferred a complaint under section 66 (5) of the said Act calling upon the Deputy Director of Panchayat to assume the powers of the defaulting Panchayat and, thereafter, withdraw the Occupancy Certificate and demolish the illegal structure.

(3.) According to the petitioner, on 8/8/2003, he made a representation before the Panjim Planning and Development Authority since the Merces Panchayat area was brought within its jurisdiction calling upon the Panjim Planning and Development Authority to take necessary action against the illegal construction and not to regularize the same. According to him, on 6/8/2003, the Deputy Director of Panchayat had directed the Block Development Officer to conduct the site inspection and submit report. On 4/9/2003, the petitioner wrote a letter to the Block Development Officer, Tiswadi Taluka bringing to the notice of the Block Development Officer that the directives of the Deputy Director of Panchayat to hold site inspection has been disobeyed.