Mr. Chandrashekar Vast., v. State Of Goa, Thr. Its Chief Secretary And 3 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

PUBLIC INTEREST LITIGATION WRIT PETITION NO.14 OF 2017 Mr. Chandrashekar Vast, s/o. Mahadev Vast, aged 49 years, R/o. Kalavati Nivas, Behind Co-operation Bank, Vasco-Goa.

PAN No.AFSPV4521N, Annual Income :

Telephone 7972883272 .... Petitioner V/s

1. State of Goa, through its Chief Secretary, having office at Secretariat, Porvorim, Bardez-Goa.

2. The Collector South Goa, Mathany Saldanha Administrative Complex, Margao-Goa.

3. Mormugao Municipal Council, through its Chief Officer, Vasco-Goa, 403802.

4. Mr. Vijay Kuri, r/o. Patrong Baina, near MPT Ground, Vasco-Goa.

.... Respondents Shri A. Naik, Advocate for the Petitioner.

Shri A. Jamdar, Additional Government Advocate for the Respondents No.1 & 2.

Shri V.V. Pednekar, Advocate for the Respondent No.3. Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 18th July, 2017

ORAL JUDGMENT : (Per F.M. Reis, J.) Heard the learned Counsel for the parties.

2.

Rule. Heard forthwith with the consent of the learned Counsel appearing for the parties. The learned Counsel appearing for the respondents waive service.

3.

The grievance of the petitioner is that an illegal construction is being put up by the respondent no.4 in the property without obtaining a license from the statutory Authority.

4.

Shri V. Pednekar, learned Counsel appearing for the respondent no.3 has pointed out that a Stop Work Order as well as show cause notice dated 2/01/2017 has already been issued and the proceedings are in progress. The learned Counsel, upon instructions, states that such proceedings shall be disposed off by the respondent no.3 within 6 weeks from today. The learned Counsel also points out that Stop Work Order is still in operation and shall continue until the decision is taken on the show cause notice. 5.

In such circumstances, accepting the said statement of the learned Counsel for the respondent no.3, upon instructions, the petition stands disposed off. Needless to state, we have not examined the merits of the grievances raised and as such the contentions raised by the petitioner shall be

dealt with by the concerned Authorities in accordance with law. All contentions of the private respondents and the petitioner are accordingly left open. Rule stands disposed off accordingly.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

NH