Alexandre Cirilo Da Silva And ANR v. Fanny Elaine Dsilva And 4 ORS

HIGH COURT OF BOMBAY AT GOA MISCELLANEOUS CIVIL APPLICATION No.29 OF 2021 IN STAMP NUMBER (MAIN) NO. 1520 OF 2020 (FILING) ALEXANDRE CIRILO DA SILVA AND ANR.

.... Applicants

Versus

FANNY ELAINE DSILVA AND 4 ORS.

.... Respondents Mr. Parag Rao, Advocate for the Applicants.

Mr. Devidas J. Pangam, Advocate General with Ms. Ankita Kamat, Additional Government Advocate for the Respondent-State. Coram : M. S. SONAK & BHARATI H. DANGRE, JJ.

Dated :

24th February, 2021.

P.C.:

Heard Mr. Parag Rao, learned Counsel for the applicant.

2.

According to us, no case is made out for modification. This is a matter whether more than enough rope has been granted to the applicant. The applicant, initially contested that the construction put up by him was legal. Several years were spent and it was ultimately determined that the construction was not legal.

Now, several years have been spent on the issue of regularisation. 3.

We had taken note of all these circumstances as also the conduct of the applicant whilst disposing of the petition inour order dated 27.01.2021.

4.

We had made it clear that the proceedings before the Deputy Director of Panchayats cannot be used by any of the parties to stall the execution of the demolition order dated 18.11.2013 which has attained finality.

5.

We feel that this application for modification is yet another attempt made by the applicant to stall the execution of the demolition order dated 18.11.2013 which has attained finality. 6.

Therefore, this application is dismissed.

BHARATI H. DANGRE,J.

M. S. SONAK, J.

msr.