IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 192 OF 2010 JACINTO M. SEQUEIRA AND 3 ORS., ... Petitioners Versus STATE OF GOA, THROUGH THE SECRETARY AND 6 ORS., ... Respondents Mr.P.H. Parab, Advocate for the Petitioner. Mr. G. Nagvekar, Advocate for the R-4. Mr. S.R. Rivonkar, Advocate for R-7. Mr. S. Vahidulla, Government Advocate for R-1 to R-3 & 5. Coram:- A. S. OKA & F. M. REIS, JJ. Date:- 7th July, 2010 P.C: Heard the learned counsel appearing for the petitioner. 2. The grievance of the petitioner is as regards alleged large scale illegal usurpation of the Communidade land and illegal construcitons on the land vested in the Communidade. Reliance has been placed on correspondence made by the petitioner. There are affidavits filed by the Administrator of Communidade and the fourth Respondent, Village Panchayat. In the affidavit dated 17th April, 2010, the Village Panchayat has stated that demolition notices have been issued to illegal encroaches on 7th November, 2009. The encroaches have been directed to stop illegal constructions forthwith and they have been further called upon to demolish the illegal structures. It is stated in paragraph 6 of the said affidavit that the encroachers have challenged the demolition notices by preferring appeals before the Additional Director of Panchayats,Panaji and obtained ex parte interim relief in the said appeals. There is an affidavit filed by the seventh Respondent,opposing the petition and inter alia contending that the petition has been filed to wreck vengeance and irresponsible and unsubstantiated allegations have been made in the petition. The Learned Counsel appearing for the seventh respondent pointed out that the said respondent has been served with a demolition notice by the Village Panchayat and that a civil suit has been filed for challenging the action of demolition. 3. Thus, we find that the Village Panchayat has initiated action against illegal encroachers on Communidade land. The action could not be completed in view of the ad interim relief granted in appeals. The Learned Counsel appearing for the Petitioner submitted that the ad interim relief is not operating. If that is so, the Village Panchayat will have to take action of demolition. 4. Apart from the action initiated by the Village Panchayat, we find that the Collector who is the Director of civil administration can initiate action as per powers vested in him under Article 371 of Code of Communidade of initiating proceedings for summary eviction of a person unauthorisedly occupying land vesting in Communidade. 5. The Collector will look into the allegations made by the petitioner and if he finds it necessary, he shall initiate proceedings under Article 371 of the Code of Communidades. 6. Hence, we dispose of the petition by directing the Village Panchayat to take action of demolition in those cases where there is no ad interim relief operating in appeals. If orders of demolition are confirmed in appeals, the Village Panchayat will proceed to demolish the illegal structures. 7. The Collector will look into the allegations made by the petitioner and if he finds it necessary, the Collector shall initiate proceedings by exercising of powers under Article 371 of the Code of Communidade. 8. We keep all the contentions of the parties on merits open. A. S. OKA, J. F. M. REIS, J. ap/-