Paul Fernandes Thr. His Poa Suzan Greta Fernandes v. Secretary/Sarpanch, Village Panchayat At Siolim Marna And 2 ANR

WP 395 of 2024 Niti

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.395 OF 2024 PAUL FERNANDES THR. HIS POA SUZAN GRETA FERNANDES ... PETITIONER

Versus

SECRETARY/SARPANCH, VILLAGE PANCHAYAT AT SIOLIM MARNA AND 2 ANR ... RESPONDENTS Mr Joaquim Godinho, Advocate for the Petitioner. Mr Pranay A. Kamat, Advocate for Respondent No.1 (through V.C.). Mr Jose Manuel Reis, Advocate for Respondent No.2(a). Mr Shivdatt P. Munj, Additional Government Advocate for Respondent Nos.4 and 5.

CORAM:- M. S. KARNIK & NIVEDITA P. MEHTA, JJ.

DATED :- 16th December, 2024 P.C.:

Mr Shivdatt Munj, learned Additional Government Advocate for the State submits that the demolition order will be taken to its logical conclusion expeditiously in accordance with law. In fact, the demolition was scheduled for 09.12.2024, which the respondents are in the process of rescheduling.

2. Learned counsel for respondent no.2(a) submitted that an application for regularization has been made to the Collector, North 16th December, 2024

WP 395 of 2024 Goa, on 13.10.2023. It will be open for respondent no.2(a) to move the learned Collector, North Goa, for expeditious hearing and for necessary orders as the demolition is being scheduled.

3. Considering that the house in question of which demolition is to be carried on is a residential house, we request the Collector, North Goa, to expeditiously hear the application for regularization in accordance with law. Learned counsel for respondent no.2(a) assures that a notice of the proceedings for regularization and all necessary documents will be served on the petitioner. Only on humanitarian grounds, we request the Authorities to reschedule the demolition after a period of six weeks from today but in any case the order of demolition be taken to its logical conclusion by 05.02.2025 subject to any legal impediments or appropriate orders that may be passed by the Collector on the application for regularization.

4. The petition stands disposed of. No costs. NIVEDITA P. MEHTA, J.

M. S. KARNIK, J.

Signed by: NITI KISHOR HALDANKAR Designation: Private Secretary Date: 16/12/2024 17:56:05 16th December, 2024