SHRI CHANDRAKANT RUPO GAUDE Vs. VILLAGE PANCHAYAT OF MARCIAM
HIGH COURT OF BOMBAY
Shri Chandrakant Rupo Gaude
Village Panchayat Of Marciam
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C.V. Bhadang, J. -
(1.) Heard Shri Bhobe, the learned Counsel for the petitioner. None for the respondents when called.
(2.) By this petition, under Article 227 of the Constitution of India, the petitioner is challenging the order dated. 14.06.2002, passed by the learned Deputy Director of Panchayats, ordering demolition of the subject structure, which is the residential house of the petitioner. The order passed by the Deputy Director of Panchayats has been confirmed in appeal by the learned Additional Director of Panchayats on 13.01.2010 and finally by the learned District Judge, in Civil Revision Application No. 3/2010 vide judgment and order dated 21.11.2011.
(3.) The brief facts are that the petitioner, who was a mundkar of a structure (which is described as a hut), had purchased the said hut, situated in Survey No. 81/0 at Adanwada, Marcaim, from his bhatkar by a registered Sale Deed dated 09.08.2002. Respondent No. 2-Chandrakant Naik filed a complaint with the Village Panchayat on 30.08.1999, claiming that the construction by the petitioner in Survey No. 81/0 at Adanwada, Marcaim was illegal and unauthorised. It appears that acting on the complaint, the Village Panchayat issued a show cause notice on 15.05.2000. As the Village Panchayat failed to take action within one month of the lodging of the complaint, the Deputy Director of Panchayats assumed powers under Section 66(5) of the Goa Panchayat Raj Act, 1994 (Act, for short). The learned Deputy Director caused an inspection to be done, based on which a panchanama was drawn on 26.06.2000, in which it was found that the petitioner had constructed a structure admeasuring 6.30 x 12.40 x 0.80 metres in laterite stones, mud, masonary and mangalore tiles. The learned Deputy Director of Panchayats after issuing the show cause notice, directed demolition of the structure by an order dated 14.06.2002. The said order has been confirmed by the learned Additional Director of Panchayats and the learned District Judge.;
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