The Executive Engineer Works Division-Ii (R) P.W.D. v. Mr. Fernando Rui Prazeres

IN THE HIGH COURT OF BOMBAY AT GOA

GOA STATE LEGAL SERVICES AUTHORITY LOK ADALAT Sitting :- 9th July, 2016 Panel - 1:SHRI JUSTICE N. A. BRITTO, (FORMER JUDGE OF HIGH COURT OF BOMBAY AT GOA) PRESIDING OFFICER & SHRI J. E. COELHO PEREIRA, (SENIOR ADVOCATE) MEMBER & SHRI M. S. JOSHI, (ADVOCATE) MEMBER FIRST APPEAL NO. 226 OF 2009 MR. FERNANDO RUI PRAZERES ... Appellant

Versus

EXECUTIVE ENGINEER, W.D. II (R), P.W.D.

... Respondent *** Appellant is present with Advocate Ms. S. Amonkar. Mr. S. Lotlikar, Advocate General with Mr. Pradosh Dangui, Additional Government Advocate for the Respondent.

FIRST APPEAL NO. 246 OF 2009 THE EXECUTIVE ENGINEER WORKS DIVISION-II (R) P.W.D.

... Appellant

Versus

MR. FERNANDO RUI PRAZERES ... Respondent ***

Mr. S. Lotlikar, Advocate General with Mr. Pradosh Dangui, Additional Government Advocate for the Appellant.

Respondent is present with Advocate Ms. S. Amonkar. M I N U T E S Mr. Lotlikar, learned Advocate General is present on behalf of the State. The matter is settled. The appellant/respondent-Mr. Fernando Rui Prazeres, shall be entitled to use the applicable FAR in respect of the area acquired, which is 125 square metres (Survey No. 36/5 part). The appellant/respondent-Mr. Fernando Rui Prazeres, will refund the entire amount received by him, in connection with the acquisition alongwith interest at the rate of 8% per annum. 2.

The refund to be made by the appellant/respondent-Mr. Fernando Rui Prazeres, would be subject to the certificate to be issued by the Chief Town Planner. The certificate shall be issued by the Chief Town Planner within a period of one month and the refund by the appellant/respondent-Mr. Fernando Rui Prazeres to be made thereafter, within a period of another one month. 3.

The above settlement is arrived at, considering that the acquired area is only 125 square metres.

SHRI JUSTICE N.A. BRITTO, (FORMER JUDGE OF HIGH COURT OF BOMBAY AT GOA) PRESIDING OFFICER SHRI J.E. COELHO PEREIRA, (SENIOR ADVOCATE) MEMBER SHRI M.S. JOSHI (ADVOCATE) MEMBER EV