Nelson Fernandes., v. State Of Goa, Thr. The Chief Secretary And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 889 OF 2017 NELSON FERNANDES., ... Petitioner

Versus

STATE OF GOA, THR. THE CHIEF SECRETARY AND 2 ORS., ... Respondents Mr. A. D. Bhobe and Mr. Sanman R. Keny, Advocates for the petitioner.

Mr. Amir Jamadar, Additional Government Advocate for the respondent nos.1 and 3.

Mr. M. Pereira, Advocate for the respondent no.2. Coram:- C. V. BHADANG, J.

Date:- 13th November 2017 P.C.

Heard the learned Counsel for the parties.

2. The only contention raised on behalf of the petitioner is that even without serving the order cum demolition notice, the respondent no.2 was attempting to organize the demolition squad and to demolish the subject construction.

3. The learned Counsel appearing for the second respondent submits that a copy of the demolition order shall be served on the petitioner within one week from today. He submits that the

WP/889/2017 petitioner has an alternate statutory remedy of appeal before the Town and Country planning Board under Section 52(3) of the Town and Country Planning Act.

4. The petition is accordingly disposed of. The second respondent shall serve a copy of the demolition order/ notice on the petitioner within one week.

5. Needless to mention that the petitioner shall be entitled to take recourse to the appropriate remedy, if any, available in law.

6. Ad interim order, already operating, shall continue for a period of three weeks from today.

C. V. BHADANG, J.

SMA