Gaurav Krishnanand Borkar v. State Of Goa Thr Chief Secretary And 8 ORS
2025:BHC-GOA:2310
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.446 OF 2025 MR. GAURAV KRISHNANAND BORKAR 43 years of age, Indian National, Lawyer, Resident of E-202, Third Floor, Meadows, Paithona, Salvador do Mundo, having office at first floor, Building no. 12, Technopark, Behind Poshak, Chogam Road, Porvorim Goa -403 501 .... PETITIONER
Versus
1. STATE OF GOA, through Chief Secretary, Government of Goa, Secretariat, Porvorim Goa 403521
2. DIRECTORATE OF PANCHAYAT, NORTH through the Additional Directorate of Panchayat, having office at 4th Floor, Myles High Corporate Hub, Patto, Panaji - Goa
3. THE VILLAGE PANCHAYAT OF ASSAGAO, Through the Sarpanch/Secretary, having office at Village Panchayat of Assagao 403507
4. MRS. CATHERINA REBELLO, major in age, Indian National,
5. MISS FATIMA REBELLO, major in age, Indian National,
6. MR. BOSCO REBELLO, major in age, Indian National, 1 of
7. MISS CLARA REBELLO, major in age, Indian National,
8. MR. LUIS REBELLO major in age, Indian National,
9. MS. ESPERANCA REBELLO, major in age, Indian National, All Resident in illegal structures in property bearing survey no.
178/14, Bairo Alto, Village of Assagao, Alto Assago Goa 403507 ..... RESPONDENTS Mr. Abhishek Sawant, Advocate for the Petitioner. Mr. S.P. Munj, Additional Government Advocate for Respondent Nos.1 and 2.
Mr. Amey Salatry, Advocate for Respondent No.3. Ms. Laxmi Dessai, Advocate for Respondent Nos.4 to 9. CORAM: VALMIKI MENEZES,J.
DATED: 25th NOVEMBER, 2025.
ORAL JUDGMENT:
1.
Heard learned Counsel for the parties.
2.
Rule.
3.
Mr. S.P. Munj, learned Additional Government Advocate, waives notice for Respondent Nos.1 and 2. Mr. Amey Salatry, learned Advocate waives notice for 2 of
Respondent No.3. Ms. Laxmi Dessai, learned Advocate waives notice for Respondent Nos.4 to 9.
4.
The petition is filed by a complainant, pursuant to whose complaint, the village Panchayat of Assagao, passed a demolition order dated 12.06.2025. The demolition order directs the Respondent Nos.4 to 9 to demolish four structures, in the land under Survey Nos.178/14 and 178/6. It is this order, that is challenged in an Appeal No.349/2025, before the Additional Director of Panchayats in which the Additional Director, without notice to the Caveator (the Petitioner herein), granted an order of stay of demolition on 05.11.2025; this order was granted pending decision on the application for condonation of delay of 112 days in filing the appeal.
5.
After hearing this matter, the learned Advocate for the Respondent Nos. 4 to 9, submits that the Respondents, who were the original Appellants before the Director of Panchayat, have no objection for granting intervention and impleadment of the original Petitioner/ Original 3 of
complainant in the appeal. Amendment shall be carried out to the cause title of the appeal by the Appellant to implead the petitioner as Respondent No.2 in the appeal. This amendment shall be carried out on or before 27.11.2025 when the matter is now been fixed by the Additional Director of Panchayats.
6.
On the intervention being allowed, the Petitioner herein i.e. the newly added Respondent No.2 who has today recorded that he has no objection to condone the delay of 112 days in filing the appeal shall so record the no objection before the Director of Panchayats, who shall condone the delay and proceed to decide the appeal on its own merits, preferably within three months from the passing of this order.
7.
Rule is made absolute in the above terms. No costs. 8.
Parties shall co-operate with the Director of Panchayats for the speedy disposal of the appeal without 4 of
seeking any further adjournments and by placing all material they rely upon, on record by 27.11.2025. VALMIKI MENEZES, J.
5 of Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 27/11/2025 11:09:14