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Bombay High CourtPILWP/9/2023disposed of

Conceicao Rodrigues v. State Of Goa Thr. Chief Secretary And 5 ORS

2023-07-13The Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice Bharat P. Deshpande2 pages

19-PILWP-9-23.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

PIL WRIT PETITION NO. 9/2023 CONCEICAO RODRIGUES ... Petitioner.

Versus

STATE OF GOA THR. CHIEF SECRETARY AND 5 ORS ... Respondents.

Mr. Rohit Bras de Sa, Advocate for the Petitioner. Mr. D.J. Pangam, Advocate General with Mr Prashil Arolkar, Addl. Govt. Advocate for Respondent No.1,2,3,4 and 6. CORAM :

NITIN JAMDAR, ACTING CJ. & BHARAT P. DESHPANDE, J DATE :

13th July 2023 P.C. :

1.

The Petitioner, who is 75 years old, a retired senior citizen, has filed this PIL Writ Petition, praying for very wide prayers, which read thus :

" 10.1. For a Writ of Mandamus or any other Writ Order or direction in the nature of Mandamus directing the Respondent State Authorities to take immediate steps to identify unauthorised religious constructions and encroachments in public streets/lands/places and thereafter take remedial measures for removal, relocation and regularization and further also to formulate a policy and implement it thereof.

10.2. The Petitioner is also seeking a Writ of Mandamus or any other Writ order or direction in nature of Mandamus directing the District Magistrate and Collectors to prevent 13/07/23

19-PILWP-9-23.DOC such structures from coming up and send monthly reports to Chief Secretary regarding fresh encroachment and status of existing unauthorised structures."

2.

Though we appreciate the concern of the Petitioner, it is quite clear from the generalised pleadings in the Petition and the status of the Petitioner, that the Petitioner would not be able to assist the Court if the cause of such a magnitude requiring efforts to be undertaken such as survey etc., is taken forward. The learned Advocate General points out that it will be also difficult to monitor implementation of such prayers. Keeping the cause open, if it is presented with specific particulars, with scrupulous research and by a bonafide public spirited person willing to take an effort to assist the Court to effectively have meaningful intervention, we dispose of the PIL Writ Petition.

(BHARAT P. DESHPANDE, J.) (ACTING CHIEF JUSTICE) SANTOSH S MHAMAL SANTOSH S MHAMAL Date: 2023.07.17 10:44:19 +05'30'

13/07/23