Bombay High Court
Praveen D Lima vs The Secretary, Village Panchayat Of ... on 11 March, 2025
Author: M.S. Sonak
Bench: M. S. Sonak
2025:BHC-GOA:406-DB 29 WP 165 OF 2022.ODT
2025:BHC-GOA:406-DB
Esha
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 165 OF 2022
Praveen D'Lima, 44 years, Indian
National, having his address at 2 nd
Floor, Palmar Co-op. Housing
Society, Journalist Colony, Alto
Porvorim, Bardez - Goa. ... PETITIONER
Versus
1. The Secretary, Village
Panchayat of Tivre-Orgao,
having office at Tivre-Orgao,
Ponda, Goa.
2. The Block Development Officer,
Taluka - Ponda, Goa.
3. Mavisha Sameer Swant, major
of age, Indian National.
4. Sameer Jaiwant Sawant, major
of age, Indian National, Both
Res. Nos. 3 and 4, r/o H. No.
442/2, Deulwada, Marcel, Goa.
5. Sumitra Sawant, r/o 442/2,
Deulwada, Marcel, Goa. ... RESPONDENTS
***
Mr. Vibhav R. Amonkar, Advocate for the Petitioner.
Mr. Gauresh T. Malik, Advocate for Respondent No. 1.
Mr. Shubham Priolkar, Additional Government Advocate for
Respondent No. 2.
CORAM: ALOK ARADHE, CJ. &
M. S. SONAK, J.
DATED: 11th MARCH 2025
ORAL JUDGMENT: (per M.S. SONAK, J.)
1. Heard learned Counsel for the parties.
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29 WP 165 OF 2022.ODT
2. Rule. The Rule is made returnable immediately at the
request and with the consent of the learned Counsel for the
parties.
3. The Petitioner has raised two contentions. The first was
about the illegality of the construction carried out by Respondent
Nos. 3 to 5, and the second was the user of this construction for
commercial purposes.
4. On 26.07.2022, this Court made the following order:-
"P.C. :
1. Heard the learned Counsel for the parties.
Though Respondent No.5 is served, she is neither
present, nor represented.
2. Therefore, we place this matter for final
disposal at the admission stage on 29th August 2022.
The Petitioner to freshly serve Respondent No.5.
3. Respondents No.3 and 4 are daughter and son-
in-law of Respondent No.5. They are represented by
Advocate Mr. Jivan Bandekar. Mr. Bandekar makes a
statement that Respondents No.3 and 4 have no
concern with the shop/alleged illegal construction put
up by Respondent No.5.
4. By our order dated 20th July 2022, we had
recorded a statement made on behalf of Respondent
No.1 about inspection of the construction in question
and to report whether the same is used for any
commercial activities as alleged by the Petitioner.
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29 WP 165 OF 2022.ODT
5. The Secretary of the Panchayat has now filed an
affidavit confirming that the structure is illegal. Mr.
Malik the learned Counsel for the Panchayat confirms
that no completion certificate or occupancy certificate
has been issued for the structure though the same
appears to be used for commercial activities. Mr.
Malik states that the Panchayat will take immediate
steps to ensure the user of this construction for
commercial activities is stopped forthwith.
6. Mr. Malik states that a stop-work order was
already issued and a show cause notice will be issued
within two weeks and the same will be disposed of
within a reasonable period after that.
7. Since there is prima facie material about the
construction being unauthorised and the same having
no occupancy certificate, the Panchayat will have to
take immediate steps to stop the user of these
premises. Despite opportunity, Respondent No.5 has
chosen not to appear in these proceedings and her
daughter and son-in-law claim that they have nothing
to do with this construction or these premises.
8. The Secretary of the Panchayat to file a
compliance report by the next date.
9. S.O. to 29th August 2022."
5. Mr. Amonkar, learned Counsel for the Petitioner, and Mr.
Malik, learned Counsel for the first Respondent, state that the
directions issued in the above order have been complied with as
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29 WP 165 OF 2022.ODT
the construction is no longer used for any commercial purpose.
Regarding the illegality of the construction, the Petitioner's
complaint is pending before Respondent No. 1.
6. On instructions, Mr. Malik, learned Counsel for the first
Respondent, states that this complaint would be disposed of in
accordance with the law and in compliance with principles of
natural justice within four weeks from today. The statement is
accepted. The first Respondent should act consistently with this
statement. All contentions of all parties are left open.
7. The Rule is made absolute in the above terms with no cost
order.
8. All concerned must act on an authenticated copy of this
order.
M. S. SONAK, J. CHIEF JUSTICE
11th March 2025
