Bombay High CourtCP/21/2024disposed of

Celina Almeida And ANR v. Gopal Krishna Bhongle And ANR

2024-05-10Hon'Ble Shri Justice Valmiki Menezes3 pages

Niti

IN THE HIGH COURT OF BOMBAY AT GOA

CONTEMPT PETITION NO.19 OF 2024 WITH CONTEMPT PETITION NO.21 OF 2024 CONTEMPT PETITION NO.19 OF 2024 IN WRIT PETITION NO.1109 OF 2019 CELINA ALMEIDA AND ANR ... PETITIONERS

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GEETA VASANT BHANDARI AND ANR ... RESPONDENTS WITH CONTEMPT PETITION NO.21 OF 2024 IN WRIT PETITION NO.1103 OF 2019 CELINA ALMEIDA ... PETITIONERS

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GOPAL KRISHNA BHONGLE AND ANR ... RESPONDENTS Mr Prayash Shirodkar, Advocate for the Petitioners. CORAM:- M. S. SONAK, J.

DATED :- 10th May, 2024 P.C.:

Mr Prayash Shirodkar appears for the petitioners.

2. Mr Shirodkar refers to this Court's order dated 27.07.2021 and submits that there is non-compliance with the undertakings given by this Court and the direction issued by this Court.

3. The first respondent had instituted Writ Petition No.1110/2019 to

question an order of demolition made by the Corporation of the City of Panaji (CCP) against him. The appeal against the demolition order had been dismissed and, therefore, the petitioners had also challenged the appeal dismissal order.

4. After the petition was dismissed, Mr Mhambre representing the first respondent made a request that the demolition be deferred by six months subject to the first respondent filing an undertaking that he will, on his own, vacate the structure and demolish the same.

5. This Court indulged the first respondent and deferred the demolition by six months. The first respondent filed an undertaking on 10.08.2021 but failed to honour such undertaking.

6. Mr Shirodkar points out that even the CCP has not carried out the demolition even though this demolition order has attained finality. He submits that the notice was addressed by the petitioners to the CCP Commissioner but the same has not been responded to.

7. In the above circumstances, issue notices to respondent nos.1 and 2, returnable on 28.06.2024.

8. In the meantime, the second respondent/CCP is free to execute the demolition order which has attained finality.

9. Stand over to 28.06.2024.

M. S. SONAK, J.

KISHOR HALDANKAR Date: 2024.05.10 14:39:42 +05'30'

NITI KISHOR HALDANKAR