1 IN THE HIGH COURT OF BOMBAY AT GOA CONTEMPT PETITION NO.5/2002 1. Shri Conceicao Andrade, resident of Borda, Margao, Goa. 2. Smt. Josefina Andrade, wife of Shri Conceicao Andrade, resident of Borda, Margao, Goa. 3. Kum. Maria Estella Andrade, 4. Kum. Succorina Andrade, both residing at Borda, Margao, Goa. 5. Smt. Antonetta Andrade, 6. Shri Rosario Gomes, both residing at Agale, Margao. 7. Smt. Milagrina Andrade resident of Nuvem, Salcete, Goa. .......... Petitioners. V/s. Shri Rajesh Naik, Member Secretary, South Goa Planing & Development Authority with Office at 2nd Floor, Dattaprasad Building, Isidore Baptist Road, Margao, Goa. ........... Respondent. Mr. Sudesh Usgaonkar, Advocate for the petitioners. Mr. V. P.Thali, Advocate for the respondent. Mr. Mariano Pereira, Advocate for the new Member Secretary, S.G.P.D.A.. 2 CORAM : R.S. MOHITE, J. DATE : JULY 5, 2007. ORAL JUDGMENT : This contempt petition has been filed by the petitioners for violation of an order dated 2nd July, 2001 passed by the Division Bench of this Court in Writ Petition No.124/2001. It appears that the grievance of the petitioners pertains to the illegal development activity undertaken by the respondent No.8. The petition was disposed off and the rule was discharged with the following direction : “ Hence, if there is any such activity, respondent No.7 to take necessary action against the respondent No.8, with liberty to respondent No.8 to submit his reply as to whether the farm house is constructed or to the nature of work done. Opportunity be given to the respondent No.8 to reply to the show cause notice to be issued and action to be taken by the respondent No.7. This Action is to be taken in respect of the entire development within six months.” 2. It appears that in pursuance of this order, a notice was issued by the respondent No.1, through its Member Secretary. The said notice was issued on 20.9.01 and the notice mentioned illegal development as under : i) Filling up of low lying land with mud admeasuring an area 3 of 10 x 20 metres, having height of 1.50 metres of the filling and construction of retaining wall with laterite masonry along the same area to retain field mud. ii) Construction of plinth with laterite masonry wall having height of 0.60 cm. above adjoining area and admeasuring an area of 11.85 x 6.60 metres. iii) Erection of R.C.C. columns upto the plinth level. It appears that interim orders were passed in this contempt petition and in pursuance thereof, the offending construction and the RCC columns as shown in items No. (ii) and (iii) were totally removed. As far as item No. (i) is concerned, mud admeasuring an area of 10 x 20 metres and the laterite masonry wall on this area have been removed. The grievance made by the petitioner is that the filling which was also in an extended portion has not been removed. On behalf of the respondent, the South Goa Planning and Development Authority, in pursuance of a notice, new Member Secretary appears before me and the Counsel appearing on his behalf undertakes that the place will be resurveyed and if there is any additional land filling, fresh show cause notice will be issued and action will be taken as per law. The undertaking is accepted. In view of the fact that the constructions, columns and part of the mud filling have been removed, it is not necessary to pass any 4 further orders in the contempt petition, and the same is disposed of. It is expected that the action would be taken according to law and the same will be completed within a period of six months. R.S. MOHITE, J. ssm.