Sandeep Govind Bharne v. The State Of Goa Thr. Its Chief Secretary And 4 ORS

6-WP-34-2022.DOC Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 34 OF 2022 Sandeep Govind Bharne ... Petitioner

Versus

The State Of Goa Thr. its Chief Secretary And 4 Ors.

... Respondents Mr Jatin Ramaiya, Advocate for the Petitioner. Mr Devidas J. Pangam, Advocate General with Mr Shivdatt P. Munj, Additional Government Advocate for the Respondents No.1, 3 and 4.

Mr P. Shirodkar, Advocate for Respondent No.2. Mr Varun Bhandarkar, Advocate for Respondent No.5. CORAM: M. S. SONAK & BHARAT P. DESHPANDE,JJ.

DATED : 15 th FEBRUARY 2023 P. C.

1.

Heard Mr Jatin Ramaiya, learned counsel for the petitioner. Mr Devidas J. Pangam, learned Advocate General along with Mr Shivdatt Munj, learned Additional Government Advocate for respondents no.1, 3 and 4, Mr P. Shirodkar, learned counsel for respondent no.2 and Mr 15th February 2023

6-WP-34-2022.DOC Varun Bhandarkar, learned counsel for respondent no.5(Goa State Urban Development Agency).

2.

Learned counsel for respondent no.2(Mapusa Municipal Council), on instructions states that some inspections have been held and some inspection are scheduled to be held in the next ten days from today. Learned counsel state that if during inspections, it is found that there is indeed any unintentional encroachments by Mapusa Municipal Council and GSUDA, then, both these authorities will remove such encroachments and restore the petitioner's property to the petitioner free from such encroachments. Learned counsel state that this entire exercise will be completed within 3 months from today. 3.

Accordingly, by accepting above statements and directing the two authorities to act accordingly, we dispose of this petition. However, in case there is any dispute on the issue of encroachment, the petitioner, will have liberty to file a suit for redressal of grievances. 4.

With the above directions and observations, this petition is disposed of. There shall be no order for costs. BHARAT P. DESHPANDE, J. M. S. SONAK, J. MARIA SUZANA REBELLO REBELLO Date: 2023.02.15 17:26:29 +05'30'

15th February 2023