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Bombay High CourtMCA/238/2015disposed of

State Of Goa, Thr. The Ex Officio Additional Secretary Dept. Of Urban Development (Municipal Adm). v. Sofia Coutinho E Paes.

2015-04-13Hon'Ble Shri Justice K. L. Wadane,F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 238 OF 2015 IN WRIT PETITION NO. 92 OF 2007 STATE OF GOA, THR. THE EX OFFICIO ADDITIONAL SECRETARY DEPT. OF URBAN DEVELOPMENT (MUNICIPAL ADM).

... Applicant

Versus

SOFIA COUTINHO E PAES.

... Respondent Mr. Nikhil Deelip Pai, Additional Government Advocate for the applicant.

Mr. L. Raghunandan, Advocate for the respondent no.1/original petitioner.

Mr. P. A. Kholkar, Advocate for the respondent no.2. Mr. Sudin Usgaonkar, Advocate for the respondent no.3. Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 13th April, 2015 P.C.

This is an application for extension of time filed by the applicant/State Government to comply with the time limit recorded on behalf of the State Government in the judgment dated 4.12.2014 to constitute an Appellate Forum in substitution of provisions of Section 184(d) of the Goa Municipalities Act.

2. Learned Additional Government Advocate points out that on account of administrative reasons and as the process to that regard to constitute a new Appellate Forum would consume considerable time, the statement made on behalf of the State Government in Judgment dated 4.12.2014 by the learned Advocate General while disposing of

MCA/238/2015 above Writ Petition, cannot be complied with.

3. In such circumstances, taking note of the fact that the directions issued by this Court are self-operating, we find that the applicant, if so advised, can always proceed to examine the constitution of Appellate Forum in accordance with law. There are also petitions filed based on the said judgment.

4. As such the question of granting further time to constitute such Forum would not be appropriate and as such that statement on behalf of State Government would no longer survive automatically.

5. Application stands disposed of.

K. L. WADANE, J.

F. M. REIS, J.

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