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Bombay High CourtWP/797/2024disposed of

Nasir Abdul Karim Khan v. The State Of Goa, Thr. Chief Secretary And 7 ORS

2025-07-02Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Ms Justice Nivedita P. Mehta2 pages

10 WP 797 OF 2024.ODT Esha

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 797 OF 2024 NASIR ABDUL KARIM KHAN VS THE STATE OF GOA, THR. CHIEF SECRETARY AND 7 ORS.

... PETITIONER ... RESPONDENTS ******* Ms. Apeksha Kalokhe, Advocate for the Petitioner. Mr. Neehal Vernekar, Additional Government Advocate for Respondent No. 1.

Mr. Shirin V. Naik, Advocate for Respondent No. 2. Mr. S.D. Lotlikar, Senior Advocate with Ms. Sailee Kenny, Advocate for Respondent No. 7.

CORAM:

BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

DATED:

2nd JULY 2025 P.C:

1.

In response to the Petition and specific allegations raised therein, Shri Dhiren Banavalikar, Chief Officer of the Valpoi Municipal Council has filed an affidavit affirmed on 16.06.2025, where he has made a specific statement to the following effect:- "18. These facts clearly show that Respondent No. 2 has actively taken steps in compliance with the directions of this Hon'ble Court and have carried out demolition in compliance with the order of this Hon'ble Court as well as Order for demolition dated 24.01.2018 passed by the Respondent No. 2 and the 2nd July 2025

10 WP 797 OF 2024.ODT present Petition is devoid of merits and therefore be dismissed."

2.

There is no rejoinder filed by the Petitioner disputing the said statement.

3.

As the grievance in the Petition was about inaction on the part of the Respondent-Authority, a direction was sought to demolish the illegal structure in Survey No. 80/1 of village Velus, Sattari, Goa, in terms of the demolition order dated 24.01.2018, within a time bound manner.

Since the Chief Officer of the Municipal Council has made a categorical statement to the aforesaid effect, by accepting the aforesaid statement, the Petition is disposed of. If the Petitioner finds that the statement was incorrect, undisputedly, the Petitioner be advised to take appropriate steps, which are available in law.

NIVEDITA P. MEHTA, J.

BHARATI DANGRE, J.

Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 02/07/2025 17:48:55 2nd July 2025