-1- IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.126/2010 Mr. Jose Maria de Gouveia Pinto, residing at House no. 365, Behind G.P.O., Rua Minguel Vicente de Abreu, St. Tome, Panaji, Ilhas Goa. …...... Petitioner. Versus 1 State of Goa, through the Chief Secretary, Government of Goa, With Office at Secretariat, Porvorim Goa. 2 The Health Officer, Directorate of Health Services, Campal, Panaji Goa. 3 The Commissioner, Corporation of the City of Panaji, Ilhas Goa. 4 The Post Master General, Department of Posts and Telegraph, with office at Panaji, Goa . 5 Bharat Sanchar Nigam Limited through the General Manager (Telecom), Goa Telecom District, Goa Sanchar Bhavan, EDC Complex, Patto Plaza, Panaji Goa. …...... Respondents. Mr. J. Lobo, Advocate for the petitioner. Ms. W. Coutinho, Government Advocate for respondent nos. 1 and 2. Mr. Shivan Dessai Advocate for respondent no. 3. Mr. J. Vaz, Central Government Standing Counsel, Advocate for the -2- respondent nos. 4 and 5. CORAM :- S. J. VAZIFDAR & U. D. SALVI, JJ. DATE : 18 th March, 2010. ORAL JUDGMENT( Per S. J. Vazifdar,J.) Rule returnable forthwith. 2. The Petitioner has sought an Order for demolishing the alleged illegal construction undertaken by the respondent nos. 4 and 5, Department of Posts and Telegraph and Bharat Sanchar Nigam Limited. The alleged illegal constructions are toilets used within the property of the respondent nos. 4 and 5. 3. Mr. S. Dessai, learned counsel appearing on behalf of the respondent no. 3, The Commissioner, Corporation of the City of Panaji, himself stated that the Commissioner would go into the grievances raised in the Writ Petition and pass appropriate Orders. He stated that a show cause notice dated 15.3.2010 has already been issued to respondent nos. 4 and 5. The same was tendered in the Court. This statement is accepted. 4. It is important to note that the Government of Goa, -3- Directorate of Health Services by a letter dated 19.2.2010 addressed to the Assistant Engineer, PWD and Assistant Engineer Electricity Department stated that respondent no. 5, Bharat Sanchar Nigam Limited had not complied with the directions contained in the earlier notice and therefore requested that the water and electricity supply given to them be cut off with immediate effect. 5. It is also pertinent to note that the Department of Posts and Telegraph has file an affidavit but the Bharat Sanchar Nigam Limited has not filed an affidavit. 6. The question as to whether the said toilets existed earlier is also seriously disputed. Mr. Lobo, learned counsel appearing on behalf of the petitioner relied upon the plan prepared by the Inspector of Survey and Land Records, Panaji dated 13.9.2006 which does not indicate the said toilets. These are the issues which will be decided by respondent no. 3. 7. The Writ Petition is therefore, disposed off by the following Order:- i. Respondent no. 3 shall decide the show cause notice dated 15.3.2010 issued to respondent nos. 4 and 5, expeditiously -4- and while deciding the show cause notice afford the petitioner an opportunity of being heard. ii. Parties shall appear before the Commissioner in the first instance on 29.3.2010 at 11.00a.m and thereafter as directed by the Commissioner. iii. Rule is made absolute accordingly. S. J. VAZIFDAR, J. U. D. SALVI, J. vn*