ALEX PEDRO ROSARIO Vs. STATE OF GOA

JUDGEMENT

(1.) ADMIT. Challenge in this appeal is to the judgment dated 5/04/2007 in civil Suit No. 70/2004 filed by the plaintiffs (appellants herein) which has been dismissed.

(2.) THE dispute between the parties is as regards a structure erected by the plaintiffs at a distance of about 10 mts. from the centre of the internal road and at a distance of about 50 to 60 mts. from the Panaji-Margao road and which is admittedly in survey no. 75/1 of Bambolim.

(3.) IT appears that the Government wanted to remove the suit structure along with many other structures situated in the close vicinity and as a result the Deputy Collector/respondent no. 2 had initiated eviction proceedings and as a result several persons concerned with such structure approached this court in a Writ Petition contending that the action initiated was against the principles of natural justice and, as a result, the Defendants (respondents herein) represented before the Court that necessary notices would be given to the stall owners and pursuant thereto a notice dated 18/11/1994 came to be issued to the plaintiff no. 1 to show cause why the said structure should not be removed. It was alleged that the suit structure was erected within the said area of National Highway No. 17; it was falling along the space between the compound wall of the GMC and the public road and it was also causing traffic hazard and public nuisance. On receipt of the said notice, the plaintiffs filed the suit for declaration that the said notice was null and void and also sought permanent injunction to restrain the defendants from interfering with the plaintiffs' suit structure.