Mumbai Court December 1988 Judgments

Jimmy Jai Gazdar Vs. Panjim Planning and Development Authority Through ...

Court: Mumbai

Reported in: 1989(1)BomCR640; (1989)91BOMLR46

C. Mookerjee, J.1. The petitioner Jimmy Gazdar claims to be the absolute owner of the land bearing Survey No. 88/0 situated at Sinquerim, Bardez Taluka withing Village Panchayat of Candolim, Goa. On December 18, 1986 the Panjim Planning and Development Authority had served upon the petitioner a notice under section 53 of the Goa, Daman and Diu Town and Country Planning Act, 1974, directing him to stop the construction of a bungalow and compound wall in Survey No. 88/0. He was also asked to show cause why action shall not be taken against him under the said Act. The notice alleged that he was carrying on development work without obtaining sanction under section 44 of the Town and Country Planning Act. On 27th December, 1981 the petitioner had showed cause. He claimed that he was holder of a licence for the said construction of his bungalow which was deemed to be granted in March 1986 to him in terms of Regulation 83(3) of the Goa, Daman and Diu Village Panchayat Regulations 1962, by the...