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The road pattern will affect the plots as shown in blue".

Next document is a Deed of Exchange dated 9th October, 1967, entered into between the owner and the second executing party, being one Daud Abubakar, by which a portion of the land belonging to the owner was exchanged. However, what is relevant in respect of the exchanged land is that on the western side was shown Plot C destined as open space. Next is the letter dated 11th January, 1979, by the Chief Town Planner addressed to the predecessor-in-title of the first respondent, wherein the Chief Town Planner informed that they had received a communication from one Maria Virginia Da Silva Fernandes of Mangor Hill, Vasco da Gama, regarding the compulsory open space reserved by the original owner Bruno Fernandes to be converted into a garden/park at Mangor Hill. The Chief Town Planner requested the President to take necessary action in the matter under intimation to their office. Letter dated 21st June, 1980, is addressed by the Chief Town Planner to the Member Secretary, Mormugao Planning & Development Authority. One of the subjects to which the attention of the investigators carrying out land survey had been referred to included the approved sub-division plan of late Bruno Fernandes, wherein one plot was reserved as open space in Babquiadi at Mangor Hill, in which it was stated was now occupied by illegal huts. On 4th July, 2001, respondent no.1 had issued a public notice and in the public notice under the signature of respondent no.2, it was informed that the respondent no.1 proposed to take possession of the property described in the Schedule attached to the notice to develop as garden/park for the benefits of the resident of Down Mangor Valley. More importantly, the notice set out that the said property was handed over to the Council by the then landlord Bruno L. Fernandes by his formal letter dated 30th March, 1978, addressed to the Ex-President of the Council. It seems that the owners of the plot/occupants, from the affidavit of Mrs. Virginia Da Silva Fernandes, annexed as annexure to the petition, have been personally writing to various authorities regarding vacating the plot and building a garden/park on it, for which it was originally designated. There are averments to that effect in paragraph 4 of the petition which have not been denied in the affidavit-in-reply filed by the respondent no.1. The grievance of the petitioners also is that protection was being given to the illegal hutments by politicians by putting pressure on the Municipal authorities. On record is also Notice dated 29th August, 1980, issued by the Chief Officer of the first respondent under Section 184 of the Goa Municipalities Act, 1968 (hereinafter referred to as the Municipalities Act"). In the said Notice, it is pointed out that illegal constructions had been carried out without due licence from the respondent no.1 and to stop the work of construction of the buildings forthwith and to demolish/pull down the entire work already completed within fifteen days of the service of the Notice. It was then mentioned that if the noticee did not comply with the demand in terms of the Notice, the Chief Officer proposed to act under the powers conferred on him.

3. On 30th March, 2001, the residents of Down Mangor Valley again intimated to the Chief Officer that illegal constructions galore are taking place under the nose of the petitioner no.1 and would like to know the action that had been taken. Copies of the illegal constructions with photographs were forwarded. This communication was received in the office of the second respondent on 9th April, 2001. On 18th April, 2001, the second respondent issued notices to those occupying the constructions put up in the plot reserved as open space. It was set out that in the inspection held on 12th April, 2001, the occupants had carried out illegal construction without taking prior permission as required under the Municipalities Act. It was further pointed out that the construction being illegal was in contravention of Section 184 of the Municipalities Act. The noticees were called upon to show cause as to why an order under Section 184 (1) (a) of the Act should not be passed for demolition of the said structure. The noticees, it seems, showed cause by the reply of 19th April, 2001. It was then set out that the houses/tenements were existing for the last more than 40 years and they had been inherited from their parents after their death; that the noticees were born in the same residences. In support they also produced the election voters list, ration cards and postal letters. It was mentioned that the constructions were old and no new changes had been recently done and in view of the above, requested the Council to withdraw/cancel the demolition notices and regularize the dwellings. On 4th June, 2001, the second respondent addressed a letter to the Director of Municipal Administration. In the said letter it was pointed out that a complaint was received from the residents of Down Mangor Valley in the matter of illegal construction with a request to demolish the same as it was kept as an open space for the purpose of garden/park by the owner of the land. A news item had also been published in the newspapers. In that connection, the second respondent set out that he had issued notices to the concerned persons. Reference is then made to the Reports submitted by the Junior Engineer of the Council that nearly nine families had constructed houses illegally on that land and three persons had obtained the assistance of house tax receipts from the Council by submitting false documents. The letter also points out that in that matter investigation was on going and in the meantime, the house tax of the aforesaid three persons has been revoked to avoid further complications. It was pointed out that the complainants were pressing hard for issuance of final notices to the nine persons who had constructed houses illegally in the open space bearing Chalta no. 59 of P.T. Sheet no.150, which is reserved for garden/park. More important is the following extract from that communication:-

" Once the final notices are issued under Section 184(8) of the Municipalities Act, 1968 I am bound to take necessary action to demolish the said illegal constructions after completion of 14 days."

It is then set out that the Government had a policy decision to rehabilitate such persons before they are evicted from the land if they continue on such land for a long period. In the instant case, it was contended that 11 families have claimed that they are residing in the aforesaid land for the last 30 to 40 years and that their claim was supported by delegation from that area consisting of nearly twenty persons. It is then set out that no supporting documents had been produced to prove their plea; that the second respondent had personally inspected the illegal constructions and confirmed that the same are not less than 20 years old on the said open space. Request was made that the matter be placed before the Government for consideration and intimation to the Council whether the Government had any plans to rehabilitate these 11 families either on Government or Comunidade land nearby the said area and if so, to intimate the decision of the Government. In response to that letter the Additional Director of Municipal Administration wrote to the second respondent that the Municipalities Act had specific provisions to deal with cases of illegal constructions. The second respondent was directed to take appropriate action against illegal constructions as per the provisions of the Act. On considering the representations made by the noticees, by a Final Notice dated 20th July, 2001, the second respondent held that cause shown was found unsatisfactory for the reasons that:-

(vi) that one of the applicants from the complainants side requested in the year 1998 to the Council and the Government to rehabilitate those families somewhere else to vacate the area and Government had assured that as and when general rehabilitation programme in Mormugao Taluka is taken, her request would be considered;

(vii) that the Government had taken a policy decision recently to regularise illegal constructions of such persons on Government and Comunidade lands and not to demolish the houses of such families unless they are rehabilitated;