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Bombay High CourtWP/1141/2017disposed of

Joan Mascarenhas E D'Souza., v. The State Of Goa, Thr. Its Chief Secretary And 5 ORS.,

2018-01-30Hon'Ble Shri Justice Shantanu S. Kemkar,Hon'Ble Kum. Justice Nutan D. Sardessai3 pages

1 wp1141-17-30-01-18 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.1141 OF 2017 Mrs. Joan Mascarenhas E D'Souza w/o. Domnic D'Souza, age 51 years, housewife, r/o. H.No.302/4, Tropa Vaddo, Sodiem, Siolim, Bardez, Goa. ...... Petitioner.

Versus

1.

The State of Goa, through its Chief Secretary Secretariat, Alto Porvorim, Bardez, Goa.

2.

The Secretary, Village Panchayat of Sodiem-Siolim, Siolim, Bardez Goa.

3.

The Sarpanch, Village Panchayat of Sodiem-Siolim, Siolim, Bardez Goa.

4.

The Block Development Officer, Mapusa, Bardez, Goa.

5.

The Deputy Collector, Demolition Squad, Panaji, Tiswadi, Goa.

6. Committee of Tropa Church, through its Parish Priest, Sodiem, Siolim, Bardez, Goa. ...... Respondents.

2 wp1141-17-30-01-18 Mr. Jairaj A. Lohar, Advocate for the petitioner. Mr. Dattaprasad Lawande, Advocate General with Mr. Neha Kholkar, Additional Govt. Advocate for respondents No.1, 4 & 5. Coram : Shantanu S. Kemkar & Nutan D. Sardessai, JJ.

Date : 30 January 2018.

ORAL JUDGMENT: (Per Shantanu S. Kemkar, J.) Rule. With the consent, heard finally at the stage of admission and disposed of.

2. By filing this petition under Article 226 of the Constitution of India, the petitioner is seeking direction to the third respondent to implement the order dated 8th December, 2015 passed by the Deputy Director of Panchayats against the illegal construction carried out in the property bearing Survey No.221/11 of Sodiem Siolim village area.

3.

Having considered the submissions made by the learned Counsel for the petitioner, as also the learned Advocate General, we dispose of this petition by directing the third respondent to implement the order of the Deputy Director of Panchayats, dated 8th December, 2015 as expeditiously as possibly and preferably

3 wp1141-17-30-01-18 within a period of two months from the date of receipt of a copy of this order, in case there is no legal impediment in implementing the same. The State Authorities are expected to give full cooperation to the third respondent in implementing the said order. 4.

The petition stands disposed of.

Nutan D. Sardessai, J. Shantanu S. Kemkar, J.