Bombay High Court

MCA/655/2003 of SHRI DAMODAR J.KAVLEKAR AND ANR., Vs DIRECTOR OF PANCHAYAT AND 3 ORS., on 15 December 2003

Cites 0, Cited by 0

COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 655 OF 2003 SHRI DAMODAR J.KAVLEKAR AND ANR., ....Applicants Versus DIRECTOR OF PANCHAYAT AND 3 ORS., ....Respondents SHRI AMRUT KANSAR,AG WITH MR.H.D.NAIK,AGA- Coram:- A.M.KHANWILKAR & P. V. HARDAS, JJ. Date:- 15th December, 2003 P.C.: Writ

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 655 OF 2003SHRI DAMODAR J.KAVLEKAR AND ANR.,

....Applicants

Versus

DIRECTOR OF PANCHAYAT AND 3 ORS.,

....Respondents

SHRI AMRUT KANSAR,AG WITH MR.H.D.NAIK,AGA- -Coram:A.M.KHANWILKAR &P. V. HARDAS, JJ.-Date:15th December, 2003

P.C.:

Writ Petition no.144 of 2002 was disposed of by this Court vide Order dated 29thJuly, 2002. While doing so, thepetitioner/applicant herein was grantedtime to remove and/or demolish the suitstructure, in the event his applicationfor regularization was rejected by theappropriate authority. It is not indispute that the application forregularization has since been rejected.In the circumstances, the applicant wasobliged to vacate and remove the suit structure in terms of the said undertaking. Instead, the applicant has moved thisapplication pointing out that he willadhere to his undertaking given to theCourt, but according to him it would beappropriate that the suit structure beallowed to remain as it is to be used for charitable purposes by the Devasthan Committee.

Having regard to the suggestion made inthe present application and though theDevasthan Committee was not a party to the original Writ Petition, or for thatmatter even in this application, wepermitted the applicant to implead theDevasthan Committee as a party respondent in this application. Notice was issuedto the said Committee. In response tothe said notice Shri. Soiru Varde,Attorney of Shree Shantadurga Saunsthanhas appeared in person espousing the cause of Shree Shantadurga Devasthan Saunsthan.He States that the suggestion mabeby the applicant in this application isnot acceptable to the committee. On theother hand, the Committee is interestedin getting back the vacant possessionof the disputed protion of land.In view of the stand taken by theCommittee the main prayer as made inthis application cannot be acceded to.It is recroded that the applicant hasalready vacated the disputed structureand the only question that remains isregarding its demolition.In the circumstances, respondent no.3 totake steps to demolish the suitstructure at the cost of the applicant.The applicant to deposit the necessaryamount towards the estimated cost ofdemolition with the Panchayat within two weeks from today. The Panchayat to demolish the structure not later thanfour weeks from today.Application disposed on the above terms.

A.M.KHANWILKAR, J.

P. V. HARDAS, J.

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead