The High Court enforced a final demolition order challenged in writ petitions. It directed the Respondent Municipal Council to implement the order within six weeks, noting previous delays due to the COVID pandemic.
Direction to the Municipal Council to implement the final demolition order within six weeks.
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.
24-WP-253-2021 & 25-WP-254-2021.DOC
Niti
IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.253 OF 2021
AND
WRIT PETITION NO.254 OF 2021
MUBARAK ALI KHAN
...PETITIONER
Versus
VALPOI MUNICIPAL COUNCIL, THR.ITS CHIEF OFFICER AND ANR. …RESPONDENTS
Mr. K. Padgaonkar, Advocate for the Petitioner.
Mr. S.D. Padiyar with Mr. P. Shirodkar , Advocate for the Respondent No.1.
Mr. P. Talaulikar , Advocate for the Respondent No.2.
CORAM: M. S. SONAK & M. S. JAWALKAR, JJ DATED: 27th September 2021
ORAL ORDER :
1. Heard Mr. K. Padgaonkar, learned Counsel for the petitioner, Mr. S.D. Padiyar, learned Counsel for the respondent no.1 – Municipal Council and Mr. P. Talaulikar, learned Counsel for the respondent no.2.
2. By these petitions, the petitioners seek enforcement of the demolition order dated 24.01.2018, which has attained finality. This demolition order concerns a structure put up by respondent no.2.
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24-WP-253-2021 & 25-WP-254-2021.DOC
3. The demolition order dated 24.01.2018 was challenged before the Goa Municipal Appellate Tribunal, but such challenge was dismissed vide judgment and order dated 13.03.2019. Thereafter, even a petition against this order was dismissed. This means that the demolition order has attained finality and the same is required to be enforced
4. Mr. Padiyar, learned Counsel for the Municipal Council states that no demolitions were carried out because of the COVID pandemic. He states that the demolition will now be carried out within six weeks from today.
5. According to us, the demolition order which has attained finality is now required to be implemented. Such implementation cannot be delayed any further. Therefore, we accept the statement on behalf of the Municipal Council that the demolition order will now be implemented within six weeks from today and direct the Council to act accordingly.
6. Both the petitions are disposed of in the aforesaid terms.
7. All concerned to act on the basis of an authenticated copy of this order.
M. S. JAWALKAR, J.
M. S. SONAK, J.
Digitally signed by NITI K NITI K HALDANKAR HALDANKAR Date: 2021.09.28 10:15:41 +05'30'
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1 issue framed by the court
Whether the demolition order dated 24.01.2018, which has attained finality, should be enforced.
Mubarak Ali Khan
Valpoi Municipal Council
M. S. Sonak
M. S. Jawalkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
