National Green Tribunal
Kashinath Jairam Shetye vs Jimmy De Braganca Alias J.D. Braganca on 17 February, 2023
Item No.5 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
ORIGINAL APPLICATION NO.55 OF 2018 (WZ)
Kashinath Shetye and others .... Applicants
Versus
Jimmy De Braganca and others ....Respondents
Date of hearing: 17.02.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicants : Applicant No.1 in person
Respondents : Mr. Shivshankar Swaminathan, Advocate for R-1
Ms. Supriya Dangre, Advocate for R-4
ORDER
1. In this application, amongst other prayers, following prayer is made:-
"a) Order directing demolition of new built structures building and houses by respondent no.1 and 2 by duplicating survey records and encroaching in government properties in PT Sheet No.27 of Chalta No.15 of Sergio Domnick Fernandes claimed by Jimmy Braganca and PT Sheet No.23 of Chalta No.15 Sergio Domnick Fernandes and encroachment in P.T. sheet no.15 Chalta no.21 and 28 of CCP and in NDZ in total violation of CRZ Notification in C.C.P. area."
2. After having gone through the above prayer, in order to have the clarity of facts, we enquired from the applicant No.1, who has appeared in person through video-conferencing, as to how he is stating that the property PT Sheet No.27 of Chalta No.15 of Sergio Domnick Fernandes is being claimed by Jimmy De Braganca, he has drawn our attention to page 66 of the paper-book, which contains Form `D' relating to Goa Land Revenue (City Survey) Rules, 1969 Property Card of Panaji city, in which [NPJ] Page 1 of 3 PT Sheet No.15 Chalta No.27 is recorded in the name of Sergio Domnick Fernandes. Thereafter, he has drawn our attention to the sale-deed executed by one Mr. Tomas De Aquino Luis Damiao Fernandes alias Luis Damiao Fernandes and Mrs. Antonia alias Antoneta Fernandes in favour of Jimmy De Braganca and based on this sale-deed, it is being claimed by the applicants that the property, which is being shown in the name of Sergio Domnick Fernandes i.e. PT Sheet No.27 of Chalta No.15 is being claimed as belonging to Jimmy De Braganca. This fact appears to be not supported by the above documents because the said sale-deed is not executed by Sergio Domnick Fernandes in favour of Jimmy De Braganca.
3. Thereafter, the applicant No.1 insisted that once he has stated something, this fact has to be controverted from the other side i.e. respondents and whatever he could obtain under the Right to Information Act has been placed by him before this Tribunal. We are not convinced with the argument advanced by the applicant and give him an opportunity to clarify within seven days with respect to the above fact, failing which we would be passing adverse orders.
4. From the side of respondent No. 1 - Jimmy De Braganca, learned counsel Mr. Shivshankar Swaminathan has appeared and on behalf of respondent No.4 - Member Secretary, GCZMA, learned counsel Ms. Supriya Dangre has appeared. None appears from the side of remaining respondents.
5. Learned counsel Mr. Swaminathan has apprised us that respondent No.1 - Jimmy De Braganca has already died and has submitted death certificate of deceased respondent No.1, which is taken on record and also he has provided copy of e-mail dated 15.09.2021 informing about the legal heirs of deceased respondent No.1 to the applicants in this case.
[NPJ] Page 2 of 3
6. The applicants have filed service affidavit, which is at page 79-A of the paper-book, wherein it is stated that the applicants have served all the respondents personally, as per which, we hold that, the service of notice on all the respondents is sufficient.
7. An Interlocutory Application No.110 of 2021 has been moved by the applicants for bringing on record the legal heirs of deceased respondent No.1. We will hear and dispose of that application on the next date when the applicants make our query clear which has been stated hereinabove.
8. Put up this matter on 01.03.2023.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM February 17, 2023 O.A. No.55/2018 (WZ) npj [NPJ] Page 3 of 3