Disposed

Pravin S. P. Usgaonkar and 2 Ors., v. Comunidade of Usgao, Thr. Its Secretary/Attorney and 3 Ors.

Bombay HC22 Jan 2019WP/11/2019

Case brief

AI extract

What is this about?

Writ petition alleging illegal dumping and encroachment on Comunidade property. Court directed Administrator and Deputy Collector to dispose of complaints and show cause notices within six weeks, granted liberty of reply to parties, and restrained respondent from activities until disposal.

What did the court decide?

The Administrator and Deputy Collector directed to dispose complaints and notices within six weeks with personal hearing; Responder restrained from undertaking activities on property until disposal.

Pravin S. P. Usgaonkar and 2 Ors., Vs Comunidade of Usgao… — Property and Title | Bombay HC (2019)

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO. 11 OF 2019

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`1.`	`Shri Pravin S.P.Usgaonkar` `son of Shri Shankar P.Usgaonkar,` `47 years of age, businessman,` `resident of Jivan Building,` `Shanti Nagar, Ponda-Goa.`
`2.`	`Shri Sudesh M. Parab,` `son of Shri Madhukar Parab,` `46 years of age, businessman,` `resident of 154, Pancha Wada,` `Usgaon, Ponda` `Taluka Goa.`
`3.`	`Shri Dattu A. Prabhu,` `son of Shri Atmaram Prabhu,` `53 years of age, businessman` `resident of 111, Gaonkar Wada,` `Usgaon, Ponda` `Taluka -Goa.`	`… Petitioners`
	`Versus`
`1.`	`Comunidade of Usgao,` `Near Adinath` `Temple,` `Pancha Wada,` `Usgaon, Ponda` `Taluka,` `Goa,` `through its Secretary/Attorney;`
`2.`	`The Administrator of Comunidades,` `North Goa,`

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Near E1-Capitan Center/Atria Building,
Mhapsa-Goa;

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3. The Deputy Collector Opposite Courts Building, Tisk, Ponda – Goa;

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4.Shri Sitaram R.Gaonkar
son of Shri Raghlo Gaonkar,
of full age,
resident of Plot no.211,
`Sapna Town'
Curti, Ponda-Goa 403 401.….Respondents

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Mr. Rui Alberto Gomes Pereira, Advocate for the Petitioners.

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Mr. Shivan Desai, Advocate for respondent no.1.

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Mr. P. Dangui, Government Advocate for respondent Nos.2 &
3.

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Mr. Prasheen Lotlikar, Advocate for respondent no.4.

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Coram : M.S. Sonak & Prithviraj K. Chavan, JJ.

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Date : 22 January 2019.

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Oral Judgment (Per M.S.Sonak, J ) :

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Heard Mr. Rui Alberto Gomes Pereira, learned

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counsel for the Petitioners, Mr. Shivan Desai, learned counsel
for respondent no.1, Mr. P. Dangui, learned Government
Advocate for respondent nos. 2 & 3 and Mr. Prasheen Lotlikar,

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Advocate for respondent no.4.

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2.Rule. With the consent and at the request of
learned counsel for the parties, Rule is made returnable
forthwith.

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3.The main grievance of the petitioners, who claim
to be Components of the Comunidade of Usgao (respondent
no.1) is that respondent no.4 is undertaking illegal dumping of
mud and encroachment activities on Comunidade's property
bearing no.308/1 of village Usgao (said property). It is the case
of the petitioners that despite their complaints to respondent
nos.1, 2 and 3, no action is forthcoming. They allege that the
said property is sought to be converted for non-agricultural
purposes even though, there is no conversion Sanad granted by
the Competent Authority.

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4.Today, Mr.Dangui, learned Government Advocate,
has produced on record a Stop Work Order Cum Show Cause
Notice addressed by the Administrator of Comunidades
(respondent no.2) to respondent no.4. The same is taken on
record and marked as `A' for the purpose of identification.

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5.The Stop Work Order Cum Show Cause Notice
dated 18.1.2019 reads thus:

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 “This office has received a complaint from
Components of Communidade of Usgao, regarding
illegal dumping of mud/encroachment in the property
under Survey No.308/1 of Village Usgao and belonging
to Communidade of Usgao of Ponda Taluka.

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And whereas, after perusal of the report of
Escrivao of Usgao, it prima facie appears that Shri.
Sitaram R. Gaonkar, R/o Usgao Ponda – Goa, is
carrying out illegal dumping of mud/encroachment in
the land bearing Survey no.308/1 of Usgao village and
belonging to the Communidade of Usgao without
following the procedure prescribed under the Code of
Communidade nor has obtained Government approval,
thereby violating the provisions of Code of
Communidade.

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Therefore I, Shri. Gaurish J. Shankhwalkar,
Administrator of Communidades of North Zone,
Mapusa, Bardez-Goa, in exercise of powers delegated
vide Article 371 and 372 of Code of Communidade
hereby order that illegal dumping mud/encroachment
carried out by you be stopped forthwith and to remove
the said illegal dumped mud from Communidade
property and further to appear before the undersigned
on 25.01.2019 at 3.30 p.m. with all the documents
and show cause why deemed fit action should not be
taken against you for aforesaid illegal act.

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Take notice that in case if you fail to appear on
above mentioned date and time the matter shall proceed

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in your absence.

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Given under my hand and seal of this office, on
18th January, 2019.”

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6. Mr. Prasheen Lotlikar, learned counsel for
respondent no.4, states that respondent no.4 has not
undertaken any illegal activities. He, on the basis of
instructions from respondent no.4, however, states that in
deference to the Stop Work Order dated 18th January 2019,
respondent no.4 has stopped undertaking all activities on the
said property. This statement is accepted. Mr. Lotlikar further
states that respondent no.4 will file his response to the Stop
Work Order Cum Show Cause Notice by 31st January 2019
before the Administrator of Comunidades.

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7.Mr. Shivan Desai, learned counsel for respondent
no.1, states that respondent no.1 should also be granted liberty
to file a reply in the matter before the Administrator.
Respondent no.1 is granted such liberty. In the reply,
respondent no.1 to explain the basis on which `No Objection
Certificate' dated 6.4.2018 came to be issued. The `No
Objection Certificate' states that respondent no.4 is granted
permission “to dump Leterite Stones in the said property”.

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From the photographs produced before us, it appears that
respondent no.4 is not involved in simply dumping any laterite
stones but, is involved in activities which transgress the no
objection certificate. This is only a prima facie observation on
the basis of photographs. The Administrator of
Communidades to seriously examine whether the
Communidade Authorities are entitled to permit such activities
on Communidade land merely on the basis of such no
objection certificate. Mr. Desai, learned counsel states that
respondent no.1 will not insist upon any fresh show cause
notice in order to respond this aspect.

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8.The Administrator of Comunidades i.e. respondent

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no.2 is directed to dispose of the Show Cause Notice in
accordance with law and, on its own merits, as expeditiously as
possible and in any case within a period of six weeks from
today. The Administrator of Comunidades is directed to give
personal hearing not only to respondent no.4 but also to the
petitioners as well as respondent no.1, since respondent no.1 is
admittedly the owner of the said property and is required to
answer the basis on which it issued N.O.C.to respondent no.4.

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9.In case, the Administrator of Communidades
decides to discharge the Show Cause Notice issued to
respondent no.4, respondent no.4 shall nevertheless be
restrained from undertaking any activities in the said property
for a period of four weeks from the date of such discharge order
is served upon the present petitioners.

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10.The respondent no.4, in any case, is directed not to
undertake any activities in the said property until the disposal
of the Stop work Order Cum Show Cause Notice dated
18.1.2019 for a period of four weeks thereafter as indicated
above.

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11.The Deputy Collector, Ponda-Goa (respondent
no.3) is directed to dispose of the petitioners' complaints dated
20.11.2018 and 30.11.2018 (pages 14 and 19 of the Paper
Book) in accordance with law and on its own merits as
expeditiously as possible and in any case within a period of six
weeks from today.

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12.The Deputy Collector to comply with the
principles of natural justice and afford opportunity of hearing
to respondent no.4 as well as the petitioners and respondent

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no.1.

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13.It is made clear that this Court has not adjudicated
the rival contentions on merits and, therefore, all such matters
are left for determination by the Administrator and the Deputy
Collector respectively. Accordingly, all contentions of all the
parties, are left open.

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14.Rule is made absolute in the aforesaid terms. There
shall be no order as to costs.

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15.All concerned to act on the basis of an
authenticated copy of this order.

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Prithviraj K. Chavan, J. M.S.Sonak, J.

Pravin S. P. Usgaonkar and 2 Ors., v. Comunidade of Usgao, Thr. Its Secretary/Attorney and 3 Ors.

Case brief

What is this about?

What did the court decide?

Pravin S. P. Usgaonkar and 2 Ors., v. Comunidade of Usgao, Thr. Its Secretary/Attorney and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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