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Bombay High Court

Communidade Of Sangolda, Thr. Its ... vs Chandrakant Kamble And 21 Ors on 9 July, 2024

Author: M. S. Karnik

Bench: M. S. Karnik

                                  MCA(F) 858 of 2024

  Andreza

            IN THE HIGH COURT OF BOMBAY AT GOA
          MISC.CIVIL APPLICATION NO.858 OF 2024 (F)
                          WITH
     MISC.CIVIL APPLICATION NO.693 OF 2017, MISC.CIVIL
APPLICATION NO.693 OF 2017, MISC.CIVIL APPLICATION NO.1158
OF 2024 (F), CONTEMPT PETITION NO.861 OF 2024 (F), MISC.CIVIL
                 APPLICATION NO.508 OF 2017
         MISC.CIVIL APPLICATION NO.858 OF 2024 (F)
DEPUTY COLLECTOR AND SUB
DIVISIONAL MAGISTRATE                   ... APPLICANT
  Versus
CHANDRAKANT KAMBLE AND 21 ORS.,         ... RESPONDENT
                            WITH
          MISC.CIVIL APPLICATION NO.693 OF 2017
                             IN
               WRIT PETITION NO.888 OF 2016
CHANDRAKANT KAMBLE AND 21 ORS.,          ... APPLICANT
  Versus
STATE OF GOA, THR. ITS CHIEF
SECRETARY AND 5 ORS.,                    ... RESPONDENT
                            WITH
          MISC.CIVIL APPLICATION NO.693 OF 2017
                             IN
               WRIT PETITION NO.888 OF 2016
CHANDRAKANT KAMBLE AND 21 ORS.,          ... APPLICANT
  Versus
STATE OF GOA, THR. ITS CHIEF
SECRETARY AND 5 ORS.,                    ... RESPONDENT
                            WITH
         MISC.CIVIL APPLICATION NO.1158 OF 2024 (F)
                             IN
                WRIT PETITION NO.888 OF 2016
REGINALDO T. C. DE SOUZA                  ... APPLICANT
  Versus
STATE OF GOA, THR. ITS CHIEF
SECRETARY AND 5 ORS.,                     ... RESPONDENTS
                                 WITH
                  CONTEMPT PETITION NO.861 OF 2024 (F)
                                  IN
                  MISC.CIVIL APPLICATION NO.87 OF 2024
                                      Page 1 of 3
                                     9th July, 2024
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                                        MCA(F) 858 of 2024


THE COMMUNIDADE OF SANGOLDA
THROUGH THEIR ATTORNEY NEVILLE
OSCAR DSOUZA                                                             ... PETITIONER
  Versus
BHAGWANT KARMALI DEPUTY COLLECTOR
AND SDM AND INCHARGE DEMOLITION
SQUAD NORTH GOA                                                          ... RESPONDENT
                          WITH
           MISC.CIVIL APPLICATION NO.508 OF 2017
                            IN
           MISC.CIVIL APPLICATION NO.280 OF 2017
COMMUNIDADE OF SANGOLDA, THR. ITS
ATTORNEY.,                               ... APPLICANT
  Versus
CHANDRAKANT KAMBLE AND 21 ORS.,          ... RESPONDENT
Mr Prashil Arolkar, Advocate for the Applicant.
Mr J.F. Melo, Advocate for Respondent No.4.
Ms. Sampada Poll, Advocate for the Applicant-Intervener in MCA
No. 1158/2024.

                              CORAM:- M. S. KARNIK &
                                      VALMIKI MENEZES, JJ.

DATED :- 9th July, 2024 P.C. Learned Additional Government Advocate (AGA) submits that in terms of the directions of this Court, twenty two structures have been demolished. He submits that there is substantial compliance. The debris is yet to be removed. Learned AGA to report compliance. Learned AGA is also required to take instructions on the Misc. Civil Application no. 1158/2024(F) as it is the contention of the applicant in the said application that action in terms of the final order dated 06.10.2016 and undertakings given in Writ Petition No. 888/2016, as Page 2 of 3 9th July, 2024 ::: Uploaded on - 10/07/2024 ::: Downloaded on - 11/07/2024 11:39:59 ::: MCA(F) 858 of 2024 far as of structures are not yet complied with.

2. Learned Counsel for the Communidade submits that Rs.81,000/- and odd amount has been paid towards the cost of demolition. Learned AGA to take instructions and verify. Learned AGA also submits that according to the PWD, there are no designated landfill sites. Learned Counsel for the Communidade to file a response by the next date of hearing.

3. Stand over to 23.07.2024.

     VALMIKI MENEZES, J.                                M. S. KARNIK, J.




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                                       9th July, 2024
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