Bombay High CourtWP/1056/2019disposed of

Michael Das Dores De Mendonca And ANR., v. The State Of Goa, Thr. The Chief Secretary And 12 ORS.,

2020-01-06Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Smt. Justice M. S. Jawalkar2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 1056 OF 2019 MICHAEL DAS DORES DE MENDONCA AND ANR., ... Petitioners

Versus

THE STATE OF GOA, THR. THE CHIEF SECRETARY AND 12 ORS., ... Respondents Ms. Yadika Mandrekar, Advocate for the Petitioners. Mr. Devidas Pangam, Advocate General with Mr. Shailesh Redkar, Additional Government Advocate for Respondent Nos. 1, 3, 6, 7 and 8.

Mr. Pranay Kamat, Advocate for Respondent No. 2. Mr. J.P. Supekar, Advocate holding for Mr. Saish Mahambrey, Advocate for Respondent No. 5.

Mr. Ashwin D. Bhobe, Advocate for Respondent Nos. 12 and 13. Coram:- M. S. SONAK & SMT. M. S. JAWALKAR, JJ.

Date:- 6th January, 2020 P.C.

The complaint in this Petition is that the respondent nos. 9 to 13 have carried out some illegal construction and the Statutory Authorities, despite of complaints, are not taking any action against the same.

2. Mr. Bhobe, the learned Counsel appearing for respondent nos. 12 and 13 contests the allegations made by the petitioners.

3. At this stage, it is not necessary to go into the issue as to whether the construction, which is made, is unauthorized or not.

WP/1056/2019 However, since, the petitioners have filed a complaint with the Statutory Authorities, the Authorities are duty bound to look into such complaint and to take action in accordance with law, if necessary.

4. Accordingly, we direct the Village Panchayat of Taleigao and the Greater Panaji Planning and Development Authority to look into the complaint made by the petitioners and to dispose off such complaint in accordance with law and on its own merits, as expeditiously as possible and in any case, within a period of three months from today. While doing so, the Authorities to comply with principles of natural justice and fair play. If it is ultimately found that the construction is unauthorized, then, the Statutory Authorities must take action in accordance with law against the same.

5. The Petition is disposed off.

SMT. M. S. JAWALKAR, J.

M. S. SONAK, J.