VISHWANATH M. NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. S. D. Lotlikar, learned Senior Advocate with Ms. S. Kenny for the Petitioner, Mr. P. Faldessai, learned Addl. Government Advocate for Respondent Nos.1, 2, 4 and 5, Mr. A. F. Diniz with Mr. N. Pai for Respondent No.3, Mr. S. S. Kantak, learned Senior Advocate with Mr. A. Kakodkar and Mr. P. Talaulikar for Respondent No.6.

(2.) The Petitioner, by instituting this Public Interest Litigation, questions the construction of buildings put up by the builder/Respondent No. 6 in the property bearing survey Nos. 102/1 and 102/2 of Ella ( Old Goa ), Tiswadi Goa ( the said property ) and seeks quashing of permissions, completion certificate, occupancy certificate and more particularly the orders of regularisation made by the Planning Authorities (Respondent No.4) and the Village Panchayat of Se-Old Goa ( Respondent No.3) as being in violation of statutory provisions and planning regulations, not to mention that the same have been issued for malafide and extraneous purposes. The Petitioner alleges that the director of the Respondent No.6, was, at the relevant time, Member of Legislative Assembly (MLA) from the very constituency and also held the position of Minister of Transport, State of Goa. The Petitioner has alleged that whole scale illegalities were permitted and tolerated by the statutory authorities which mainly, taking into consideration the position of such director.

(3.) On 15th April, 2010, when the matter was taken up for consideration in the first instance, this Court, recorded the statement made on behalf of the Respondent No.6 that an affidavit-cum-undertaking would be filed in this Court agreeing to remove all shutters on the ground floor and the ground floor area would be kept vacant or used only for the purposes of parking. In the order dated 15th April, 2010, it was made clear that any further rights which the Respondent No.6 may seek to create in favour of the third parties, will be after informing such third parties/purchasers of the pendency of such petition. It was made clear that such purchasers/transferee will be bound by the orders that would be made in the present petition.