MR. LUIS PIEDADE FERNANDES v. ADDITIONAL DIRECTOR OF PANCHAYATS-II, AND 4 ORS
Case at a glance
- Decided
- 10 Aug 2010
- Bench
- N A BRITTO
Key paragraphs
- Para 44. If at all respondent no.5 has filed any appeal, he may obtain a decision thereon within a period of 6 weeks and place the same before the Village Panchayat. The Village Panchayat will then decide on its own merits whether the permission granted to…
Judgment
Mr. Anthony D'silva, Advocate for the Petitioner. Mr. A.D. Bhobe, Advocate for Respondent No.5. Coram:- N. A. BRITTO, J. Date:- 10th August, 2010 P.C.: Heard.
Respondent No.5 was granted a construction license to construct a bungalow in Survey No.30/3 in village Penha-De-Franca. After the permission was granted, the Deputy Town Planner by its order dated 17/11/2006 withdrew the NOC which was granted based on which the Village Panchayat had granted permission to respondent no.5. The NOC was withdrawn by the Deputy Town Planner on a ground that the declaration filed by respondent no.5 was not correct as respondent no.5 was entitled to construct only in plot no.A. Counsel on behalf of respondent no.5 has submitted that against the said order of withdrawal respondent no.5 has preferred an appeal before the Town and Country Planning Board. This statement is contested by the learned Counsel on behalf of the petitioner, since according to him, and as per information obtained by letter dated 29/08/2007, no such appeal was filed.
The Deputy Town Planner having withdrawn the NOC granted by him/her, the Village Panchayat was bound to reconsider the withdrawal of the permission granted to respondent no.5 to construct the bungalow. Counsel on behlaf of respondent no.5 submits that the bungalow has been completed. What action is to be taken against the said construction would be a matter for the Village Panchayat to decide.
If at all respondent no.5 has filed any appeal, he may obtain a decision thereon within a period of 6 weeks and place the same before the Village Panchayat. The Village Panchayat will then decide on its own merits whether the permission granted to respondent no.5 for the construction of the bungalow is required to be revoked or not within a further period of 4 weeks. All the contentions of the parties are left open. The orders dated 1/09/2009 of the Deputy Director of Panchayats and that dated 8/01/2010 of the Director of Panchayats, are hereby set aside. Writ Petition disposed off, in accordance with the above directions. NH N. A. BRITTO, J.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.