MR. SANDESH B. NAIK, Vs. MORMUGAO MUNICIPAL COUNCIL
HIGH COURT OF BOMBAY
Mr. Sandesh B. Naik,
Mormugao Municipal Council
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C.V.BHADANG, J. -
(1.) Taken up for final disposal by consent of the parties. Both these petitions involve common questions of law and fact as such, they are being disposed of by this common judgment.
(2.) The first respondent Mormugao Municipal Council had conducted an inspection on 03/04/2009 in respect of certain structures, which were erected at Adarshnagar, Chichlim, Vasco-da-Gama, without obtaining licence. The Municipal Council drew a document of transgression along with a sketch (page 39 of the compilation), in which 10 such structures were found in the subject land.
(3.) Writ Petition No.463/2016 pertains to structure nos.8, 9 and 10, while Writ Petition No.464/2016 pertains to structure nos.5 and 6. In pursuance of the inspection and the report of transgression, a show cause notice under Section 184 of the Goa Municipality Act, 1968 (the Act, for short), was issued to the petitioner/s, to which the petitioner/s sent their reply. The petitioner/s claimed that the structures are existing structures at least from the year 1996. It was contended that the structures are assessed for house tax by the Municipal Council and the electricity connection is released after obtaining No Objection Certificate (NOC) from the Municipal Council. The petitioner in W.P. No.463/2016 also contended that the Municipal Council has granted a licence for general store and kerosene licence in respect of the said structure. It was contended that the structures are situated in the land belonging to Communidade of Vadde and an application for regularisation is filed with the Collector in the year 2001 in pursuance of the provisions of Article 372-A of the Code of Communidade, (as amended.) It was, however, not disputed that there was no licence obtained for erection of the said structures.;
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