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2026 DAILYLAW 10508 (BOM)

THE COMUNIDADE OF MURDA THR XAVIER MARTIN v. KASHINATH JAIRAM SHETYE AND 8 ORS.,

MCA/566/2026 · 2026-09-22

Public Interest Litigationbody2026

Judgment text

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901 MCA 566 2026 Esha IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO.566 OF 2026 WITH PUBLIC INTEREST LITIGATION WP NO.39 OF 2018 MISC.CIVIL APPLICATION NO.566 OF 2026 THE COMUNIDADE OF MURDA THR XAVIER MARTIN ... APPLICANT Versus KASHINATH JAIRAM SHETYE AND 8 ORS., ... RESPONDENTS WITH PUBLIC INTEREST LITIGATION WP NO.39 OF 2018 KASHINATH JAIRAM SHETYE AND 8 ORS., ... PETITIONER Versus THE STATE OF GOA, THR. THE CHIEF SECRETARY AND 22 ORS. ... RESPONDENTS Mr. Nigel Fernandes, Advocate for the Applicant. Mr. Shane Coutinho, Advocate h/f Mr. Nigel Costa Frias, Amicus Curiae in PIL Writ Petition No. 39 of 2018. Mr. Deep Shirodkar, Additional Government Advocate for Respondent Nos.1,2,4,5,6,7 and 9. Mr. Joaquim Godinho, Advocate for Respondent No.3. Ms. Annelise Fernandes, Advocate for Respondent No.10. Mr. Harshal Desai, Advocate for the Intervenor. CORAM:- VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ. DATED :- 22nd September, 2026 . 22nd September, 2026 2026:BHC-GOA:1894-DB 901 MCA 566 2026 P.C: This is an Application seeking an extension of time to comply with the order of this Court dated 24.08.2026; the Communidade of Murda (original Respondent No. 13) was directed to erect the gate at the entry point of Survey No. 93/1 of village Murda. 2. It is the Applicant's case that the Communidade has not applied for license/permission from the Village Panchayat of Merces within whose jurisdiction the proposed construction gate falls, to comply with the Court's order dated 24.08.2026. 3. Ms. Annelise Fernandes, appearing for the Village Panchayat of Merces, on instructions, makes a statement that the Panchayat would have its meeting on 28.09.2026, wherein it would consider the Application of Communidade of Murda and take an appropriate decision. The Village Panchayat is already a party to the Writ Petition; we expect that the decision would be taken on 28.09.2026 itself, considering our observations in the order dated 24.08.2026. 4. In this view of the matter, time to comply with the order dated 24.08.2026 is extended up 05.10.2026. 5. MCA No. 566 of 2026 stands disposed of. 22nd September, 2026 901 MCA 566 2026 6. List the main matter i.e. PIL Writ Petition No. 39 of 2018 on 05.10.2026. AMIT S. JAMSANDEKAR, J. VALMIKI MENEZES, J. 22nd September, 2026 Signed by: VAIGANKAR ESHA SAINATH Designation: Personal Assistant Date: 24/09/2026 10:32:01