Allowed

Mubarak Ali Khan v. Valpoi Municipal Council, Thr. Its Chief Officer and Anr.

Bombay HC27 Sept 2021WP/254/2021

Case brief

AI extract

What is this about?

The Court enforced a final demolition order dated 24.01.2018 concerning a structure belonging to respondent no. 2, directing the Municipal Council to implement the order within six weeks, accepting the explanation for delay due to the pandemic.

What did the court decide?

The Municipal Council was directed to implement the final demolition order and carry out the demolition within six weeks from today.

Mubarak Ali Khan Vs Valpoi Municipal Council… — Municipal and Town Planning | Bombay HC (2021)

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24-WP-253-2021 & 25-WP-254-2021.DOC

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Niti

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IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.253 OF 2021

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AND

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WRIT PETITION NO.254 OF 2021

MUBARAK ALI KHAN

...PETITIONER

Versus

VALPOI MUNICIPAL COUNCIL, THR.ITS CHIEF OFFICER AND ANR. …RESPONDENTS

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Mr. K. Padgaonkar, Advocate for the Petitioner.

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Mr. S.D. Padiyar with Mr. P. Shirodkar , Advocate for the Respondent No.1.

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Mr. P. Talaulikar , Advocate for the Respondent No.2.

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CORAM: M. S. SONAK & M. S. JAWALKAR, JJ DATED: 27^th September 2021

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ORAL ORDER :

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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.

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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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Page 1 of 2 27th September 2021

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24-WP-253-2021 & 25-WP-254-2021.DOC

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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

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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.

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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.

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6. Both the petitions are disposed of in the aforesaid terms.

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

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M. S. JAWALKAR, J.

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M. S. SONAK, J.

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Digitally signed by NITI K NITI K HALDANKAR HALDANKAR Date: 2021.09.28 10:15:41 +05'30'

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Page 2 of 2 27th September 2021

Mubarak Ali Khan v. Valpoi Municipal Council, Thr. Its Chief Officer and Anr.

Case brief

What is this about?

What did the court decide?

Mubarak Ali Khan v. Valpoi Municipal Council, Thr. Its Chief Officer and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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