Dr. Kalpana V. Kamat v. The State Of Goa, Thr. The Chief Secretary And 12 ORS

Jose

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.447 OF 2021 DR. KALPANA V. KAMAT ... Petitioner

Versus

THE STATE OF GOA, THR.

THE CHIEF SECRETARY AND 12 ORS.

... Respondents.

Mr. Salil Saudagar, Advocate for the Petitioner. Mr. Devidas Pangam, Advocate General with Mr. Prashil Arolkar, Additional Government Advocate for Respondent Nos.1, 3, 4, 5 and 6.

Mr. S. Karpe, Advocate for Respondent No.2.

Ms. Shalaka Shelke, Advocate for Respondent Nos.7,8, 10 and 11. Mr. D. Vernekar, Advocate for Respondent No.9.

CORAM:

M.S. SONAK & R.N. LADDHA, JJ.

DATED:

P.C:

1.

Heard learned Counsel for the parties.

2.

Mr. Karpe, learned Counsel for the Mormugao Municipal Council (Respondent No.2) has placed on record a notice under Section 184 of the Goa Municipalities Act, 1968 addressed to Respondent No.9 requiring the said Respondent to show cause as to why an order of demolition should not be made. Mr. Karpe states that similar notices have been issued to

Respondent Nos.10, 11 and 13 as well. He points out that show-cause notices were already issued to Respondent Nos.7, 8 and 12 earlier and now, notices have been issued to them to attend the personal hearing. He states that in all these matters, the personal hearing is scheduled on 17.05.2022 at 3:30 p.m. Mr. Karpe states that even the Petitioner will be granted personal hearing, since, a copy of such notices have been marked to the Petitioner. 3.

As noted in our earlier orders, the main complaint of the Petitioner was that her complaints were not being attended to by Respondent No.2 and the action which was earlier initiated was not pursued and completed. Now that notices have been issued to the Respondents, we think that this grievance is substantially addressed.

4.

The Chief Officer is directed to dispose of the show-cause notices as expeditiously as possible and in any case on or before 04.07.2022. The Respondents to also cooperate with the Chief Officer and not seek any unnecessary adjournments in the matters. If adjournments are applied for on unjustifiable grounds, both by the Petitioner as well as the Respondents, the Chief Officer may consider not entertaining such requests, because, the show-cause notices will have to be disposed of in accord with law latest by 04.07.2022. The orders disposing of the show-cause notices will have to be served on the Petitioner as well as the concerned Respondents by 04.07.2022.

5.

We make it clear that we have not examined the rival contentions on merits, because, we think that these matters will have to be first examined

by the Chief Officer whilst deciding the show-cause notices. Therefore, all contentions of all parties are expressly left open. 6.

This petition is disposed of in the above terms without any order for costs.

R.N. LADDHA, J.

M.S. SONAK, J.

FRANCISCO DSOUZA Date: 2022.05.05 11:24:04 +05'30'

JOSE FRANCISCO DSOUZA