Bombay High CourtMCA/50/2026disposed of

Damodar Tanavade And 11 ORS v. Secretary For Urban Development And 13 ORS

2026-01-30Hon'Ble Shri Justice Valmiki Menezes3 pages

2026:BHC-GOA:143 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.50 OF 2026 DAMODAR TANAVADE AND 11 ORS ... APPLICANTS

Versus

SECRETARY FOR URBAN DEVELOPMENT AND 13 ORS ... RESPONDENTS Mr. Shivan Desai with Ms. Riya Amonkar and Ms. A. Thorat, Advocates for the Applicants.

Mr. S. S. Kantak, Senior Advocate with Mr. Pravin Faldessai, Ms. Neha Kholkar and Ms. Swizel Falcao, Advocates for the original Petitioners in WP No. 41/2026 and for the Respondents in MCA 50/2026. Mr. Ravi Anand, Advocate for Respondent No. 2. CORAM:- VALMIKI MENEZES, J.

DATED :- 30th January, 2026 P.C.:

1. This application is filed by 12 Applicants who are respectively Respondent Nos. 3 to 14 in Writ Petition No. 41/2026. The Applicants have sought extension of time to vacate the subject building i.e. "Shridhar Building" at Vasco Da Gama. This Court had directed by its Judgment dated 23.01.2026, that these Respondents vacate the building within a week, which period expires today i.e. on 30.01.2026.

2. Learned Advocate for the Respondent No. 1/original Petitioner on

instructions submits that the original Petitioner would have no objection for extending that time, provided the Applicants give an undertaking to this Court that the Applicants would vacate their respective premises within one week from today i.e. by 06.02.2026.

3. In view of the no objection given by the original Petitioner, the time fixed by this Court for the Respondent Nos. 3 to 14 to vacate their respective premises by today stands extended until 06.02.2026. The extension of time is granted subject to the Applicants filing an undertaking to the effect that they would vacate the suit premises by 06.02.2026.

4. All the Applicants are personally present in the Court and have signed undertakings, which are placed on record. It is submitted that the undertaking on behalf of Applicant Nos. 2 and 5 are signed by their spouses; these Applicants were unable to furnish undertakings in the short time available. Learned Advocate for Applicant Nos. 2 and 5 submits that the undertaking through these Applicants personally executed by them would be placed on record in the Registry of this Court by tomorrow i.e. by 31.01.2026.

5. For the reasons stated above, the application is allowed, and the Applicants shall vacate the suit premises by 06.02.2026.

6. Needless to state, the Chief Officer of Margao Municipal Council

i.e. Respondent No. 2, shall ensure the enforcement of Judgment dated 23.01.2026 of this Court within the extended time i.e. by 06.02.2026.

7. The application stands disposed of.

VALMIKI MENEZES, J.