LAWS(BOM)-2019-7-34

RAJESH KAMLAKANT JOSHI Vs. ADMINISTRATOR OF COMMUNIDADES

Decided On July 04, 2019
RAJESH KAMLAKANT JOSHI, S/O MR KAMLAKANT JOSHI Appellant
V/S
ADMINISTRATOR OF COMMUNIDADES, NORTH ZONE, OFFICE OF THE ADMINISTRATOR OF COMMUNIDADES, NORTH ZONE; COMMUNIDADE OF PILERNE, OFFICE OF THE COMMUNIDADE OF PILERNE, PILERNE; RAMNATH ALIAS DEVANAND R NAIK; COMMUNIDADE OF SERULA Respondents

JUDGEMENT

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

(2.) The challenge in this petition is to the judgment and order dated 13.06.2018, passed by the Administrator of Communidade, Mapusa. By the impugned judgment, the complaint filed by the respondent no. 3 has been decided, directing the petitioner to remove the kiosk, erected in the property of Communidade of Pilerne.

(3.) The brief facts are that the managing committee of Communidade of Pilerne, by resolution dated 06.10.2012 had allotted a land admeasuring 70 square metres to the petitioner, purportedly from out of survey no. 53/1 of village Pilerne, for erection of a kiosk. A perusal of the resolution shows that the land is granted on permanent basis, subject to certain conditions as contained in the resolution.