State Of Goa, Thr. The Ex Officio Additional Secretary, Dept. Of Urban Development (Municipal Adm). v. Mr. Mohammed Dapekar.

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 249 OF 2015 IN WRIT PETITION NO. 296 OF 2011 STATE OF GOA, THR. THE EX OFFICIO ADDITIONAL SECRETARY, DEPT. OF URBAN DEVELOPMENT (MUNICIPAL ADM).

... Applicant

Versus

MR. MOHAMMED DAPEKAR.

... Respondent Mr. Nikhil Pai, Additional Government Advocate for the applicant. Mr. Jude Sequeira, Advocate for the original petitioner. Mr. P. Arolkar, Advocate for the original respondent no.2. Mr. A. Nachinolkar, Advocate for the original 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 above Writ Petition, cannot be complied with.

MCA/249/2015

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.

vn