Shaikh Dilshad And ANR v. Arjun N. Modekar And 3 ORS
2-WP-229-2024.DOC 2024:BHC-GOA:1130-DB Maria S.
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.229 OF 2024 Shaikh Dilshad And Anr. ... Petitioners Versus.
Arjun N. Modekar And 3 Ors. ... Respondents. Mr Byron Rodrigues, Advocate (through V.C.) for the Petitioners. Mr Kenneth Rodrigues, Advocate for Respondent No.1. Mr Shivdatt P. Munj, Additional Government Advocate for Respondents No.3 and 4.
CORAM:
M.S. KARNIK & VALMIKI MENEZES ,JJ.
DATE:
15th July, 2024 P.C.:
1.
Heard Mr Byron Rodrigues, learned Counsel for the Petitioners, Mr Kenneth Rodrigues, learned Counsel for Respondent No.1 and Mr S. P. Munj, learned Additional Government Advocate for Respondents No.3 and 4. Private notice has been served on respondent No.2. None appears on behalf of respondent No.2.
2.
Learned Counsel for respondent No.1 has filed an affidavit contending that the construction is being carried out under valid permissions. Shri Rodrigues, learned Counsel for the petitioner however submits that the grievance raised in the complaint dated 19.11.2022 and 17.11.2022 as well as 15th July 2024
2-WP-229-2024.DOC the complaint dated 28.02.2023 are regarding the setbacks which are not left as per the regulations. In our opinion, the following order will serve the interest of justice.
3.
The respondent No.2 Village Panchayat is directed to look into the complaints made by the petitioners. Consequent to the notice dated 21.11.2022, the Panchayat can carry out joint inspection after giving due notice to the petitioners as well as the respondent No.1 within a period of four weeks from today. Based on the inspection report appropriate action be taken by the Panchayat on the complaints made by the petitioners within a period of four weeks from the date of inspection. Even the complaints made by the respondent No.1 against the petitioners be looked into by the Village Panchayat. 4.
Petition is disposed of in the above terms. No costs. VALMIKI MENEZES, J.
M. S. KARNIK, J.
Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 18/07/2024 18:08:51 15th July 2024