Tuesday, December 11, 2007

Shacks in Goa

PANJIM: Can someone on the presumption that their "legal" temporary structure maybe demolished approach the High Court asking for relief?


The Petitioner, Cruz Cardozo, approached the Court depending on the information he received from Inacio Mariano Fernandes, who had erected a temporary shack, which was demolished that prior to the demolition of the shack, no notice of any nature was served on him, either asking him to show cause as to why the shack being erected by him should not be demolished or to stop the erection of the shack


Cardozo states that the Petitioner has a reasonable apprehension that a similar fate awaits him and his shack would be demolished in a similar fashion

However, the Court refused to entertain the petition and granted permission to the petitioner to withdraw the petition.

The petitioner, based on a notice inviting applications from the residents of Goa for the grant of permission for the tourist season 2007-08 for the installation of temporary shacks of size 14 x 7, in the South Goa Beaches, classified as "A" Stretches and "B" Stretches, had applied for a temporary shack.

The Petitioner states that "A" Stretch Beach amongst others included the beach at Cavelossim. The Petitioner accordingly applied for putting up a temporary shack at Cavelossim Beach under the name and style "Pearl's Beach Café" after paying the necessary fees on account of sale of the form.

The Petitioner furnished a refundable security deposit in terms of Clause 15 of the terms and conditions along with a letter on November 16, 2007. The Petitioner states that the Petitioner then commenced and finally completed the erection of the shack in all after the Petitioner was informed that he was allotted Shack No.1.

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