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Bombay High CourtWP/422/2025disposed of

Bharatlal Halwai And ANR v. Mormugao Municipal Council Thr. Its Chief Officer And 2 ORS

2025-12-11Hon'Ble Shri Justice Valmiki Menezes2 pages

WP 422-2025 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.422 OF 2025 BHARATLAL HALWAI AND ANR.

... Petitioners.

Versus

... Respondents.

MORMUGAO MUNICIPAL COUNCIL THR. ITS CHIEF OFFICER AND 2 ORS.

Mr. Nigel da Costa Frias with Mr. Vishal Sawant and Mr. Vineet Surlakar, Advocates for the Petitioners. Mr. Ravi Anand (through V.C.), Advocate for Respondent No.1.

Mr. Sudesh Usgaonkar, Senior Advocate with Ms. Marie Rosette Pereira, Advocate for Respondent Nos. 2 and 3.

CORAM:

VALMIKI MENEZES, J.

DATED:

11th December, 2025 P.C:

1.

Not on Board. Taken on Board.

2.

By its Judgment dated 11.11.2025, this Court had directed the Petitioners/Applicants herein to remove the solar panels installed by the Applicants on the terrace of Mendes Mansion, Vasco da Gama by 12.12.2025. By this application, which contains the undertaking, the Petitioners/Applicants have undertaken to remove the aforementioned structure by 19.12.2025, and have consequently 11th December, 2025

WP 422-2025 sought an extension of time to remove the structure. 3.

Considering that the Petitioners/Applicants have given a solemn undertaking to this Court that they would on their own remove the structure by 19.12.2025, which undertaking is accepted by the Court, the time for the Petitioners to remove this structure by 12.12.2025 stands extended to 19.12.2025.

4.

It is made clear that the extension of time to remove the structure is granted purely on the undertaking given in the 'affidavit cum undertaking' dated 11.12.2025, made as a solemn statement to this Court, which has been accepted.

5.

It is made clear that if the Petitioners do not remove the structure by 19.12.2025, the directions contained in this Court's Judgment dated 11.11.2025 to the Mormugao Municipal Council to remove the structure shall be enforced and the Chief Officer of the Mormugao Municipal Council shall proceed to remove the structure by 24.12.2025 and file a report to this Court on its reopening on 05.01.2026.

6.

The oral application is disposed of on the basis of the affidavit cum undertaking filed today.

VALMIKI MENEZES, J.

11th December, 2025 Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 11/12/2025 17:20:54