R. Anthony Samy Gaunder., v. Communidade Of Sangolda, Rep. Thr. Its Attorney And 4 ORS.,

1 WP Nos.643, 644, 1110, 1114 of 2018 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 643 OF 2018

1. Mr. Ganpat Badiger, Major in age, R/o H.No.215/50, Sangolda, Bardez, Goa. ...Petitioner.

1. Communidade of Sangolda, Represented through its Attorney, Having Office near Village Panchayat of Sangolda, Sangolda, Bardez, Goa.

3. State of Goa, Through its chief Secretary, Having its office at Alto Porvorim, Bardez, Goa.

4.

Having its Office at Collectorate Building, North Goa,

2 WP Nos.643, 644, 1110, 1114 of 2018 The Deputy Collector, Having its Office at Collectorate Building, North Goa, Panaji, Goa. ... Respondents Ms. Ankita Kamat, Advocate for the Petitioner. Respondent No.1.

Ms. Priyanka Kamat, Addl. Government Advocate for the Respondent Nos. 2, 3 & 4.

WITH WRIT PETITION NO. 644 OF 2018

1. R. Anthony Samy Gaunder Major in age, Resident of H.No.215/34 (old), 215/34(A) (New), Sangolda, Bardez, Goa. ... Petitioner.

1. Communidade of Sangolda, Represented through its Attorney, Having Office near Village Panchayat of Sangolda, Sangolda, Bardez, Goa.

3 WP Nos.643, 644, 1110, 1114 of 2018

3. State of Goa, Through its chief Secretary, Having its office at Alto Porvorim, Bardez, Goa.

4.

Having its Office at Collectorate Building, North Goa, The Deputy Collector, Having its Office at Collectorate Building, North Goa, Panaji, Goa. ... Respondents Ms. Ankita Kamat, Advocate for the Petitioner. Respondent No.1.

Mr. A. Jamadar, Addl. Government Advocate for the Respondent Nos. 2, 3 & 4.

WITH WRIT PETITION NO. 1110 OF 2018

4 WP Nos.643, 644, 1110, 1114 of 2018

1. Mrs. Pooja Prakash Hoble Major of age, r/o H.No. 207/1, Sangolda, Bardez, Goa. ... Petitioner.

1. State of Goa, Through Chief Secretary, Secretariat, Porvorim, Goa.

North Goa Collectorate Building,

3. Dy. Collector and Sub-Divisional Magistrate, Mapusa, Bardez, Goa.

4. Dy. Collector and Sub-Divisional Magistrate North Goa, Incharge of Demolition Squad, office at Panjim, Tiswadi, Goa.

6.

The Attorney, Communidade of Sangolda, Sangolda, Bardez, Goa. ... Respondents

5 WP Nos.643, 644, 1110, 1114 of 2018 Mr. Joaquim Godinho, Advocate for the Petitioner. Ms. Priyanka Kamat, Addl. Government Advocate for the Respondent Nos. 1 to 4.

Respondent No.6.

WITH WRIT PETITION NO. 1114 OF 2018

1. R.A. Jebanesam, W/o late Roche Anthony, Major in age, Housewife, r/o H.No.201(Old) and 215/7 (new), Sangolda, Bardez, Goa. ... Petitioner.

1. State of Goa, Through Chief Secretary, Secretariat, Porvorim, Goa.

North Goa Collectorate Building,

3. Dy. Collector and Sub-Divisional Magistrate, Mapusa, Bardez, Goa.

6 WP Nos.643, 644, 1110, 1114 of 2018

4. Dy. Collector and Sub-Divisional Magistrate North Goa, Incharge of Demolition Squad, office at Panjim, Tiswadi, Goa.

6.

The Attorney, Communidade of Sangolda, Sangolda, Bardez, Goa. ...Respondents Mr. Joaquim Godinho, Advocate for the Petitioner. Ms. Neha Kholkar, Addl. Government Advocate for the Respondent Nos. 1 to 5.

Respondent No.6.

Coram : R. D. Dhanuka & Prithviraj K. Chavan,JJ.

Date : 26th March 2019.

ORAL JUDGMENT ( Per R.D.Dhanuka, J) Rule.

7 WP Nos.643, 644, 1110, 1114 of 2018 Learned Counsel for the respondents waives service. Respondents have not taken progressive steps against the petitioners. Learned Counsel appearing for the Administrator of Communidade of North Zone, Mapusa, Bardez Goa and attorney for respondents in these petitions raised an issue of maintainability of writ petitions on the ground that the appeal is provided under Article 397 of the Code of Communidades against the impugned orders passed by the Communidades.

3.

The learned Counsel for the respondents in group of petitions states that the respondents shall not raise any issue of limitation if appeals are filed within two weeks from today. Statement is accepted. The petitioners undertake to file appeal under Article 397 of the Code of Communidade before the appellate authority within two weeks from today. Undertaking is accepted. 4.

A copy of the appeal memo along with other relevant papers and proceedings filed along with appeal memo shall be served upon the respondents within one week from the date of filing appeal. The appellate authority shall decide such appeal expeditiously and not later than six months from the date of filing such appeal, after

8 WP Nos.643, 644, 1110, 1114 of 2018 complying with the procedure prescribed, under the Code of Communidades and in accordance with law. During the pendency of said appeal, the respondents shall not take any coercive steps against the structures of the petitioners.

If any adverse order is passed by the appellate authority against the petitioners in respect of the impugned structures, such order shall not be implemented by the Communidade for a period of two weeks, from the date of communication of such order. 6.

It is made clear that this Court has not considered the other aspects involved in these petitions. All issues on merits are kept open.

7.

Rule is made absolute on the aforesaid terms. No order as to costs.

PRITHVIRAJ K. CHAVAN, J. R. D. DHANUKA, J.