LAWS(BOM)-2018-9-64

HARISH S NAIK, C/O MANOHAR SADA NAIK Vs. GOA TOWN AND COUNTRY PLANNING BOARD, THROUGH ITS MEMBER SECRETARY, C/O CHIEF TOWN PLANNER, HAVING OFFICE AT DEMPO TOWERS, EDC COMPLEX, PATTO, PANAJI-GOA

Decided On September 21, 2018
Harish S Naik, C/O Manohar Sada Naik Appellant
V/S
Goa Town And Country Planning Board, Through Its Member Secretary, C/O Chief Town Planner, Having Office At Dempo Towers, Edc Complex, Patto, Panaji-Goa Respondents

JUDGEMENT

(1.) Rule made returnable forthwith. The learned Counsel for the respondents, waive service. Heard finally by consent of parties.

(2.) On the basis of a complaint lodged by the petitioner, action was taken by the Corporation of City of Panaji (Corporation, for short), for demolition of the subject structure constructed by the respondent nos. 3 to 6. The respondent nos. 3 to 6 approached the Appellate Authority by filing two separate appeals, which were dismissed. As the Corporation was not taking steps for implementing the order, the petitioner filed Writ Petition No. 559/2014, for a direction to the Corporation to execute the order of demolition. It is a matter of record that the said writ petition has been admitted by the Division Bench of this Court on 08.07.2015 and is pending.

(3.) In the meantime, the respondent nos. 3 to 6 approached the North Goa Planning and Development Authority (NGPDA, for short), for regularisation of the subject structure, which application was rejected by the NGPDA on 24.10.201