1. Heard the learned counsel for the parties.
2. The grievance of the petitioner in this petition is that the respondent No.1 i.e. Ponda Municipal Council (PMC) was not taking any action on the
petitioner's complaint about an alleged illegal construction coming up at a fast pace in her immediate neighbourhood. The petitioner has pleaded that
she made several visits to the PMC and except for assurance that the show cause notice cum stop work notice will be issued, no action was
forthcoming.
3. Accordingly, by our order dated 28.01.2022, we restrained the respondent No.3 from proceeding with the construction/development in the property
bearing Survey No.148/1 (part) of village Durgabhat. The respondent No.1 was also directed to ensure that the construction is actually stopped. We
also requested the PMC to state its position on the petitioner's complaint.
4. Today, when the matter was called out, Mr. Vaze, learned counsel for the PMC on instructions submitted that the PMC has found prima facie
merit in the complaint of the petitioner and based upon the same even a show cause notice has been issued to respondent No.3 to show cause as to
why the construction carried out upto now should not be demolished. Mr. Vaze submits that the respondent No.3 has also filed reply and the show
cause notice will be disposed of within three months from today after due compliance with the principles of natural justice and fair play. In the peculiar
facts and circumstances of the present case, we think that it would be appropriate if even an opportunity of hearing is granted to the petitioner-
complainant. Mr. Vaze submitted that further construction has already been stayed and this position can now continue until the show cause notice is
disposed of by the PMC.
5. Now that the PMC has initiated action in the matter, there is no reason to keep the present petition pending. Accordingly, we dispose of this petition
by accepting the statement made on behalf of the PMC that the show cause notice will be disposed of in accord with law and on its own merits within
three months from today. The final decision will have to be communicated to the petitioner and respondent No.3 during this period. Until this show
cause notice is disposed of, the restraint imposed by us in our order dated 28.01.2022 will operate now that even the PMC has found prima facie merit
in the petitioner's complaint.
6. The petition is disposed of in the aforesaid terms. There shall be no order for costs.
