Bombay High CourtCP/6/2023disposed of

Shirish Anant Pai Raiturkar And ANR v. Siddesh S. Kekar And 4 ORS

2023-08-22Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Shri Justice Bharat P. Deshpande3 pages

Niti

IN THE HIGH COURT OF BOMBAY AT GOA

CONTEMPT PETITION NO.6 OF 2023 IN WRIT PETITION NO.161 OF 2022 SHIRISH ANANT PAI RAITURKAR AND ANR ... PETITIONERS

Versus

SIDDESH S. KEKAR AND 4 ORS ... RESPONDENTS Mr Bhargav Khandeparkar, Advocate for the Petitioners. Mr Manish Salkar, Government Advocate for Respondent Nos.1,3,4 & 5.

Mr Zeller De Sousa, Advocate for Respondent No.2. Mr Michael Fernandes, Advocate for Respondent No.6. CORAM:- M. S. SONAK & BHARAT P. DESHPANDE, JJ.

DATED :- 22nd August, 2023 P.C.:

Heard Mr B. Khandeparkar for the petitioner, Mr Manish Salkar, learned Government Advocate for the Block Development Officer, Mr Zeller De Sousa for respondent no.2 and Mr Michael Fernandes for respondent no.6.

2. This contempt was instituted because the Panchayat was not complying with the directions in our order dated 10.10.2022 and enforcing the demolition order/final notice dated 04.05.2015.

3. Mr De Sousa, learned Counsel for respondent no.2, that is the Ex-Secretary of the Panchayat has filed an affidavit tendering her apologies. She has pointed out that presently she is no longer the Secretary of the Panchayat.

4. Mr Michael Fernandes, the learned Counsel for respondent no.6 states that even respondent no.6 has filed an affidavit tendering apology.

5. Mr De Sousa states that the Panchayat has already requisitioned the demolition squad from the Block Development Officer vide communication dated 07.08.2023. Mr Salkar, based on instructions, states that the requisition has been received by the Block Development Officer and necessary demolition squad will be provided at the earliest.

6. The Panchayat and the BDO to ensure that the demolition order is enforced as expeditiously as possible and, in any case, within four weeks from today. The BDO to file compliance report along with photographs. Copy of the compliance report to be furnished to the learned Counsel for the petitioner.

7. We accept the apologies tendered by respondent nos.2 and 6 and close the proceedings now that we are assured that the demolition order will be enforced within four weeks from today.

8. The proceedings for contempt are closed.

9. Mr De Sousa states that he will furnish an authenticated copy of this order to the Panchayat for compliance.

BHARAT P. DESHPANDE, J.

M. S. SONAK, J.

NITI K HALDANKAR Date: 2023.08.23 10:53:51 +05'30'

NITI K HALDANKAR