PANJIM: The High Court of Bombay at Goa dismissed an appeal with regards to an illegal conversion of land and construction of a house at Anjuna.
Dismissing the petition, Justice Prakash Naik held that there was no substance in the contentions of the petitioner and that the writ petition was devoid of merits. He said that the orders of the Deputy Collector and the Administrative Tribunal were well reasoned and based on record.
The petitioner Shankar Narvekar of Anjuna had challenged the order of the Administrative Tribunal dated March 14, 2023 in Goa Land Revenue appeal and order passed by the Bardez Deputy Collector/Sub-Divisional Officer (SDO) in 2021, with regards to an illegal conversion of land from one purpose to another and construction of an illegal house therein.
Following a complaint by land owner Anil Naik, the Bardez Taluka Mamlatdar filed a report in the form of a check-list stating that the petitioner had carried out an illegal construction of a house in 82 square metres of land at Anjuna, without obtaining permission as required under Section 32 (i) of Land Revenue Code, 1968.
Naik filed an intervention application stating that he was an absolute co-owner in possession of the land inherited right in the concerned property, During a fresh site inspection, it was revealed that the petitioner had carried out an unauthorised construction and vide order dated March 8, 2921, Narvekar was ordered demolish the house/structure illegally constructed in the property at Anjuna, within 15 days and to restore the land to its original use failing which the Bardez Mamlatdar will execute the order.
However, Narvekar challenged the order of the Deputy Collector/SDO before the Administrative Tribunal at Panjim, which was dismissed his appeal on March 14, 2023.
Naik submitted that the petitioner was claiming to be a mundkar of a non-existing structure and that he had made false claim of mundkarship in relation to illegally constructed structure.
He stated that Narvekar was not a mundkar of the property and that no Conversion Sanad was produced on record.
Adv Ankur Kumar appeared for Anil Naik, while Adv Ganesh Naik argued on behalf of Shankar Narvekar.
