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5 views2 pages

Transcript Item 5

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metope
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Bench:- HON'BLE MR. JUSTICE B.R. GAVAI and HON'BLE MR. JUSTICE K.V.

VISWANATHAN
Item No.- 05
Case No.- SLP(C) No. 009944 - 009945
Parties:- MOHAMED RAFI KASHIKUNTI vs. ALEXANDER J. MICHAEL

Petitioner Adv- Hello?

Judge- Challenges because?

Respondent Adv- Yes, there was a survey that was conducted by the village panchayat.

Respondent Adv- The application for intervention in an application in contempt petition was
dismissed—by the trial court and consecutively by the high court. When your lordship should
notice and have observed why you are filing this application, you have invited trouble. Why do you
have to intervene in a land dispute matter?

Judge- Contemplation was not directed against your clients.

Petitioner Adv – The reason I had to intervene was that the learned honourable high court was, in
fact, dealing with the contempt application as though it was a substance dubitation. Issuing all kinds
of directions and making all kinds of observations as a result of which my client was seriously
prejudiced. In fact, my application before the planning authority was rejected by them in view of
two observations made by the honourable high court in the contempt petition. Therefore, in order to
stem the rod, I, in fact, intervened in the matter and before my structure was demolished, I had to
bring to the notice of the court that I was being produced by this observation. There are at least two
statutes in place. One is the Goa regularisation of unauthorised in two thousand 2016. There is
regulation number twenty-two point four, A regulation of unauthorised construction.

Petitioner Adv.- Hello there, they in there have, in fact, carried out a survey that was by the
Director General of civilisation saying that it has not been properly done. There was another person
granted a status folder.

Judge- No, no, no. If your structure has been demolished you may take remedy to your whatever
remediation how can we permit the scope of the jurisdiction to be enhanced? No.
Petitioner Adv - No, no, no. If your structure has been demolished you may take remedy to your
whatever remediation how can we permit the scope of the jurisdiction to be enhanced? No.

Respondent Adv - So what I'm submitting my load is that on account of observations made, my
statutory remedy should not be. My application for regularization must be considered uninfluenced
by the observations where I am not asking for inter intervention in the contemplation. I only wanted
this verification.

Petitioner Adv - Totally. May I just say one last thing. You kindly see their contact. When have
they applied for this regularization?

Judge- Yes. One minute asking. The concern is that it is after show cause notices issued by the
neighbourhood authorities by the village by MPDA that they have found for regularization. Now
finally the order to demolish has also been passed, there is no question. We are only asking that if he
has any rights available, the remedies available.

Respondent petitioner- They have remedies, my lords, but this is a contempt case. No civil remedy
can be sought in this matter

Judge- Let no order obstruct the petitioner from acting on their remedies.

Judge- Petition not allowed.

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