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Bombay High CourtWP/677/2024disposed of

Snehal Onskar v. State Of Goa, Thr. The Chief Secretary And 6 ORS

2025-02-03Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Ms Justice Nivedita P. Mehta2 pages

2025:BHC-GOA:156-DB WP 677 of 2024 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.677 OF 2024 SNEHAL ONSKAR ... PETITIONER

Versus

STATE OF GOA, THR. THE CHIEF SECRETARY AND 6 ORS ... RESPONDENTS Petitioner present in person.

Mr Suhas Parab, Advocate for Respondent Nos.1 and 2. Ms Nada Karol, Advocate for Respondent No.3.

CORAM:- M. S. KARNIK & NIVEDITA P. MEHTA, JJ.

DATED :- 3rd February, 2025 P.C.

Heard Petitioner who appears in person.

2. The present petition is filed praying for a direction to respondent nos. 3 to demolish the illegal structure erected by respondent nos. 6 and 7 in the property under Chalta No. 10 of P. T. Sheet No. 236 of Margao City Survey.

3. It is the contention of the petitioner that respondent no. 3 is not taking action against the illegal structures because of the review application which is filed by respondent nos. 6 and 7 which according to her is not maintainable.

4. Be that as it may, there is nothing on record to indicate that there is any legal impediment for the respondent no.3 in taking action 3rd February, 2025

WP 677 of 2024 against illegal structures including demolition in accordance with law if the structures are illegal.

5. The respondents have already determined that these structures are illegal. In that view of the matter, it is incumbent upon respondent no. 3 to take action against illegal structures in accordance with law unless there are any other impediments which are coming in the way of taking action. It is clarified that the pendency of the review application filed by respondent nos. 6 and 7 cannot operate as a stay for the purpose of demolition of illegal structures. Necessary action against illegal structures be taken by respondent no. 3 Margao Municipal Council within a period of six weeks from today.

6. Petition stands disposed of. No costs. NIVEDITA P. MEHTA, J.

M. S. KARNIK, J.

Signed by: VINITA VIKAS NAIK Designation: Personal Assistant Date: 04/02/2025 17:16:11 3rd February, 2025