LAWS(BOM)-2018-2-277

FR MARIO PIRES, THROUGH LEGAL HEIR, NALINI DA ROSA FERNANDES, WIFE OF HERMAN FERNANDES Vs. VILLAGE PANCHAYAT OF CALANGUTE, THROUGH ITS SECRETARY, OFFICE OF VILLAGE PANCHAYAT OF CALANGUTE, CALANGUTE, BARDEZ- GOA

Decided On February 26, 2018
Fr Mario Pires, Through Legal Heir, Nalini Da Rosa Fernandes, Wife Of Herman Fernandes Appellant
V/S
Village Panchayat Of Calangute, Through Its Secretary, Office Of Village Panchayat Of Calangute, Calangute, Bardez- Goa Respondents

JUDGEMENT

(1.) The challenge in this petition under Article 226 and 227 of the Constitution of India, is to the judgment and order dated 14/11/2014, passed by the learned Ad hoc District Judge, Panaji in Civil Revision Application No.31/2014. By the impugned judgment, the learned Ad hoc District Judge, while dismissing the Revision Application, has confirmed the action of demolition of the disputed structure, initiated by the Village Panchayat, Calangute.

(2.) Although this petition arises out of the demolition notice dated 15/10/2012 (wrongly mentioned as 12/10/2012), some antecedent events will have to be noticed, in order to appropriate the rival contentions raised by the parties.

(3.) The brief facts, necessary for the disposal of the petition, may be stated thus: