Disposed

Dadapir K. Navalgund and Anr. v. State of Goa, Thr. Its Chief Secretary and 5 Ors.

Bombay HC20 Sept 2021WP/301/2021

Case brief

AI extract

What is this about?

In this writ petition challenging the delayed disposal of Show Cause Notices issued by the Mapusa Municipal Council regarding unauthorized constructions, the Court directed the Council to dispose of the notices within six weeks, adhering to natural justice by hearing both the petitioner and the respondent.

What did the court decide?

Directing the Mapusa Municipal Council to dispose of Show Cause Notices dated 27.09.2017 and 23.02.2018 within six weeks, hearing both parties affording opportunities.

Dadapir K. Navalgund and Anr. Vs State of Goa… — Municipal and Town Planning | Bombay HC (2021)

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5-WP-301-2021.DOC

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Maria S.

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO. 301 OF 2021

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Dadapir K. Navalgund And Anr. .Petitioners

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Versus

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State of Goa, thr. its Chief Secretary And 5 Ors. …Respondents

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Mr. Agha Iftikhar, Advocate for the Petitioner.

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Mr. Geetesh Shetye, Additional Government Advocate for the Respondents No.1, 4 and 5.

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Mr. H. D. Naik, Advocate for the Respondent No.3.

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Mr. Preetam Talaulikar, Advocate for the Respondent No.6.

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CORAM: M. S. SONAK & SMT. M. S.JAWALKAR, JJ.

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DATED: 20^th September, 2021

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1.Heard Mr. Iftikhar Agha, learned Counsel for the
petitioners, Mr. Geetesh Shetye, learned Additional Government
Advocate for the respondents No.1, 2 and 4, Mr. H. D. Naik,
learned Counsel for the respondent No.3 and Mr. Preetam
Talaulikar, learned Counsel for the respondent No.6.

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2.Though, the Municipality has been served, they are not
represented by any Advocate. Mr. Agha has filed affidavit to
indicate that service is complete. The same is filed in the registry.

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3. The main relief in this petition is that the Mapusa

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Page 1 of 3 20^th September 2021

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5-WP-301-2021.DOC

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Municipal Council (MMC) has issued Work Stoppage Orders-
cum-Show Cause Notices dated 27.09.2017 and 23.02.2018 in
relation to certain constructions put up by respondent No.6, but
the said Show Cause Notices are not being disposed of
expeditiously.

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4.Mr. Talaulikar learned Counsel appears on behalf of
respondent No.6 and states that no illegal constructions have
been carried out by respondent No.6 and further, he has reason to
believe that the Show Cause Notice dated 27.09.2017 may have
been disposed of. Mr. Agha, learned Counsel for the petitioner
disputes this contention.

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5.At this stage, there is no question of our adjudicating any
disputed questions of fact about whether construction is indeed
undertaken by respondent No.6 and, further, whether, the same is
illegal or unauthorised. However, since, Show Cause Notices
have already been issued by the Mapusa Municipal Council, it is
the duty of the Mapusa Municipal Council to dispose of such
Show Cause Notices as expeditiously as possible, no doubt by
complying with principles of natural justice.

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6. Therefore, leaving all contentions of all parties open, we direct the Mapusa Municipal Council to dispose of Show Cause

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Page 2 of 3

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20th September 2021

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5-WP-301-2021.DOC

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Notice dated 27.09.2017 (page 47 of the paperbook) and Show
Cause Notice dated 23.02.2018 (page 55 of the paperbook) as
expeditiously as possible and in any case within a period of 6
weeks from today. All contentions of all parties, including Mr.
Talaulikar's contention that the Show Cause Notice dated
27.09.2017 has already been disposed of, are kept open.

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7.The Mapusa Municipal Council should comply with
principles of natural justice in the peculiar facts of the present
case and not only hear the respondent No.6 but also hear the
petitioner herein whilst disposing of the Show Cause Notices.
The decision should be communicated to the parties by the
Mapusa Municipal Council within this period of six weeks.

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8.Mr. Agha states that he will place authenticated copy of this
order before the Mapusa Municipal Council as expeditiously as
possible. The period of 6 weeks shall commence from the date
such copy is placed before the Mapusa Municipal Council.

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9.All concerned to act based on the authenticated copy of this
Order.

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SMT. M. S. JAWALKAR, J.

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M. S. SONAK, J.

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Page 3 of 3 20^th September 2021

Dadapir K. Navalgund and Anr. v. State of Goa, Thr. Its Chief Secretary and 5 Ors.

Case brief

What is this about?

What did the court decide?

Dadapir K. Navalgund and Anr. v. State of Goa, Thr. Its Chief Secretary and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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