Gopal Namdev Vengurlekar., v. State Of Goa, Thr. Chief Secretary And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 1103 OF 2018 GOPAL NAMDEV VENGURLEKAR., ... Petitioner

Versus

STATE OF GOA, THR. CHIEF SECRETARY AND 2 ORS., ... Respondents Adv. Sahish Mahambrey for the Petitioner.

Mr. Sagar Gurudas Dhargalkar, Addl. Government Advocate for Respondent nos.1,2 & 3 Coram:- C. V. BHADANG, J.

Date:- 27th June 2019 Oral Order:

The challenge in this petition is to the order of demolition passed by the learned Deputy Collector. Admittedly the subject structure which is a house constructed by the petitioner is standing on Government land. The petitioner has also not produced any licence either of construction or repairs as according to the petitioner all that the petitioner has done is to carry out repairs to the existing house. That apart, the petitioner has also moved the competent authority for regularization of the structure under the provisions of the Goa Regularization of Unauthorized Construction Act, 2016 (Act, for short). There are certain photographs produced along with reply filed by the respondent/State to show that the construction was continuing in

WP/1103/2018 the month of July/August, 2017. Thus, no case for interference is made out. The petition is dismissed with no order as to costs. Needless to mention that this Court has not expressed any opinion on the claim for regularization made by the petitioner.

2. It will be open for the competent authority to decide the application for regularization on its own merits and in accordance with law.

C. V. BHADANG, J.

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