Bombay High Court

THE COMUNIDADE OF MURDA THR XAVIER MARTINversusKASHINATH JAIRAM SHETYE AND 8 ORS.,

Disposal: Disposed of

Holding

The Court granted an extension of time until 05‑10‑2026 for the Communidade of Murda to comply with the order.

Summary

The Communidade of Murda applied for an extension of time to comply with the High Court's order dated 24‑08‑2026 directing it to erect a gate at Survey No. 93/1. The Court noted that the Communidade had not yet obtained the required permission from the Village Panchayat of Merces. The Panchayat informed the Court that it would consider the application at its meeting on 28‑09‑2026 and issue a decision the same day. Considering the Panchayat’s pending deliberation, the Court found it reasonable to grant a short extension. Consequently, the time to comply with the gate‑erection order was extended to 05‑10‑2026 and the application was disposed.

Issues considered

Whether the Communidade of Murda should be granted an extension of time to obtain Panchayat permission and comply with the gate‑erection order.

Subjects

extension of time
court order compliance
gate construction
village panchayat permission
public interest litigation
high court procedure

Judgment

2026:BHC-GOA:1894-DB
                                         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

           .


                                              Page 1 of 3
                                          22nd September, 2026
                                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.



                                     Page 2 of 3
                                 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.




Signed by: VAIGANKAR ESHA
SAINATH
                                                               Page 3 of 3
Designation: Personal Assistant
Date: 24/09/2026 10:32:01                                  22nd September, 2026

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