This court dismissed an application for intervention in a writ petition challenging a demolition order. The applicant, a resident of the area, argued he was affected by the outcome. The court held that being a stranger to the initial complaint was insufficient for intervention.
Application for intervention dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO. 220 OF 2019 IN
WRIT PETITION NO. 93 OF 2019
ALEIXO ARNOLFO PEREIRA.,
... Applicant
Versus
SERGIO DIAS AND 3 ORS.,
... Respondents
Applicant in person. Mr. Shivan Desai, Advocate for the Respondent no.1-Original Petitioner. Mr. Amir Jamadar, Additional Government Advocate for the Respondent nos.2 and 3. Mr. J. P. Supekar, Advocate for the Respondent no.4.
Coram:C. V. BHADANG, J.
Date:4th June 2019
ORAL ORDER
This is an application for intervention filed by the applicant on the ground that he is the resident of Village Utorda-Majorda, Salcete Goa, where the subject illegal construction has been made which has been directed to be demolished by the Goa Coastal Zone Management Authority (GCZMA).
MCA/220/2019
2
Management Regulations and other environmental issues in several other matters and, as such, is a person who is interested and affected by the outcome of the petition.
MCA/220/2019
3
intervention on the ground that the applicant is a stranger and was neither a complainant nor a party before the GCZMA. It is submitted that only because the applicant had espoused similar cause in other matters, will not be sufficient to allow the applicant to intervene.
MCA/220/2019
4
C. V. BHADANG, J.
arp/*
1 issue framed by the court
Whether an applicant who is neither a complainant nor a party before the authority and who only has a previous interest in similar matters can seek intervention to challenge a demolition order.
ALEIXO ARNOLFO PEREIRA
SERGIO DIAS
C. V. BHADANG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
