Avertino Miranda v. The Village Panchayat Of Socorro Thr Its Secretary And 5 ORS

24-CA-53 & WP-269-24-CORRECTED.DOC 2024:BHC-GOA:1682-DB Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.269/2024 & CIVIL APPLICATION NO.53/2024 IN WRIT PETITION NO.269/2024 ... PETITIONER AVERTINO MIRANDA

Versus

THE VILLAGE PANCHAYAT OF SOCORRO THR ITS SECRETARY AND 5 ORS.

... RESPONDENTS Mr Nigel da Costa Frias with Mr Shane Coutinho, Advocates for the Petitioner.

Mr Amey Kakodkar, Advocate for Respondent No.1. Mr Geetesh Shetye, AGA for the State.

Mr Shivan Desai (through VC) with Mr A. Sardessai, Advocates for Respondent No.4.

Mr D. Lawande with Mr C. Angle, Advocates for Respondent No.7. Adv. D'Souza Alphy Pascoal Hendry, for Respondent No.8.

CORAM:

M. S. KARNIK & VALMIKI MENEZES, JJ.

DATE:

1st OCTOBER 2024 P.C.:

1.

An inspection was carried out by the Town and Country Planning Department on 05.08.2024 as a result of the grievance made by the encroaching upon the open space by constructing an unauthorized structure and Corrections carried out as per Order dtd.

03.10.2024.

petitioner in this petition about/dumping of construction material in the In addition, there is also a challenge raised that the impugned construction is within the setback line of the open space which is against the relevant rules and regulations. / A show National Highway.

cause notice was issued prior to the inspection. However, considering that now an inspection has been carried out by the TCP Department on 1st October, 2024

24-CA-53 & WP-269-24-CORRECTED.DOC 05.08.2024, it would be appropriate if a fresh show cause notice is issued by the TCP to the respondent nos.4, 5, 7 and 8 within a period of one week from today.

2.

After the show cause notice is issued, it is open for the said respondents to respond to the show cause notice. he show cause notice be taken to its logical conclusion within a period of four weeks from the date of its receipt. he petitioner also will be given notice of the hearing. he Deputy Town Planner, Mapusa is requested to briely hear the petitioner.

3.

As the interim orders dated 23.04.2024 and 24.06.2024 are already operating in this petition, the same shall continue till the disposal of the show cause notice.

4.

he petition is disposed of. No costs.

5.

Civil Application No.53/2024 does not survive and the same is also disposed of.

VALMIKI MENEZES, J.

M. S. KARNIK, J.

Signed by: SUCHITRA NANDAN SINGBAL Designation: Personal Assistant Date: 05/10/2024 12:06:22 1st October, 2024