Bombay High Court

BHARAT SANCHAR NIGAM LIMITED THR AUTH REPRE. UTTAM YALIGARversusTHE COLLECTOR, NORTH AND ANR

Disposal: Disposed of

Holding

The Court disposed of the writ petition without granting interim relief, observing that the respondent will decide the matter within a month and the petitioner may approach the Court if coercive action occurs.

Summary

The petitioner, Bharat Sanchar Nigam Limited, was served a show‑cause notice under Section 6 of the Goa Land (Prohibition of Construction) Act, 1995 alleging that it had encroached on government land. The petitioner filed a detailed reply and a preliminary objection, contending that the Collector (Respondent No.2) lacked jurisdiction to determine its rights. Fearing that the authorities would carry out demarcation and other coercive actions while the matter was pending, the petitioner sought an order restraining any arbitrary action until the notice proceedings were decided. The Additional Government Advocate for the Collector assured the Court that the notice proceedings would be concluded within a month after a hearing. The Court therefore disposed of the writ petition, noting that the petitioner could approach the Court again if any coercive action is taken, and directed the petitioner to appear before the Collector on a specified date.

Issues considered

What is the jurisdiction of the Collector under the Goa Land (Prohibition of Construction) Act, 1995 to adjudicate the petitioner’s claim of encroachment?
Whether the petitioner is entitled to interim relief restraining demarcation or other coercive actions pending the decision of the show‑cause notice proceedings.

Legislation cited

Goa Land (Prohibition of Construction) Act, 1995 — s. 6

Subjects

encroachment
show cause notice
interim relief
jurisdiction
land prohibition act
demarcation
coercive action

Judgment

2026:BHC-GOA:1976
                                            42 WP 1185 2026

              Suzana

                       IN THE HIGH COURT OF BOMBAY AT GOA
                               WRIT PETITION NO.1185 OF 2026

           BHARAT SANCHAR NIGAM LIMITED THR
           AUTH REPRE. UTTAM YALIGAR                                  ... PETITIONER
             Versus
           THE COLLECTOR, NORTH AND ANR                               ... RESPONDENTS



           Mr Dhaval D. Zaveri, Advocate with Mr Harshal Desai,
           Advocate for Petitioner.

           Mr Deep Shirodkar, Additional Government Advocate for
           Respondents.


                                  CORAM:- S. G. CHAPALGAONKAR, J.
                                  DATED :- 5th October, 2026




           P.C.


                       The Petitioner is served with Show Cause Notice dated
           04.02.2026        by      Respondent              No.2   bearing   Case
           No.DYC/LND/ENC/10/2026/509 under Section 6 of the Goa Land
           (Prohibition of Construction) Act, 1995, 1995 which states that the
           Petitioner is an encroacher on the property of Government of Goa.
           On 18.02.2026, Petitioner filed a detailed reply. On 26.05.2026,
           Petitioner filed preliminary objection, inter alia, stating that
           Respondent No.2 would have no jurisdiction to decide nature of

                                               Page 1 of 3
                                             5th October, 2026
                                 42 WP 1185 2026


rights of the Petitioner and adjudicate upon the same.


2.      The Petitioner had apprehension that, pending decision of
aforesaid proceedings, he would have to face coercive action as the
Officers of the Respondent were carrying out activity of
demarcation and land survey over the property in possession of the
Petitioner. In this backdrop, the Petitioner makes limited prayer
that Respondent No.2 shall take the decision in the proceedings
initiated under the Show Cause Notice after considering
Petitioner's reply and representation and till then, cease and desist
from taking any arbitrary action against the Petitioner.


3.       Learned Additional Government Advocate appearing for
Respondent No.2, on instructions, makes a statement before this
Court        that         the       proceedings          in     Case
No.DYC/LND/ENC/10/2026/509 would be decided within a
period of one month from today after giving opportunity of hearing
to the Petitioner and after due consideration of the representation
made by the Petitioner.


4.      In light of the aforesaid statement, the Writ Petition stands
disposed of. Needless to state that in case Petitioner suffers any
adverse or coercive action during the pendency of the aforesaid
proceedings, he shall be at liberty to approach this Court.



                                    Page 2 of 3
                                  5th October, 2026
                                                     42 WP 1185 2026


                   5.         Petitioner undertakes to appear before Respondent No.2 on
                   08.10.2026 at 10:30 AM.



                                                            S. G. CHAPALGAONKAR, J.




Signed by: MARIA SUZANA REBELLO
Designation: Personal Assistant
                                                        Page 3 of 3
Date: 05/10/2026 14:53:59
                                                      5th October, 2026

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