PANJIM: The High Court of Bombay at Goa dismissed the writ petition filed by M/s Rao and Company, challenging the legality of order passed by the Estate Officer of Corporation of the City of Panjim (CCP) asking it to vacate and hand over possession of National Theatre.
In his order, Justice B P Deshpande said that the petitioner himself was negligent from the time of receipt of the notice in 2010 till filling of applications in 2022-23.
“A party who is not diligent in his claim cannot be permitted to use the court for the purpose of helping him to get more compensation and to delay the matter further,” the order said.
M/s Rao and Company through advocate Raunaq Rao submitted that the notice issued by the CCP in 2010 referred only to chalta number 16 P T Sheet 43 and not other chalta numbers and thus in view of the lease agreement, the company would be deprived of claiming compensation of other structures existing in the property. The company submitted that the observation in the impugned order that it has lost possession of other chalta numbers is unacceptable and detrimental to the case of the petitioner.
Appearing on behalf of CCP, advocate V Braganza submitted that the show cause notice was issued in 2010 while the M/s Rao and Company filed his reply only in 2017. He submitted that even in the reply filed in 2017 the company had not raised the issues which were raised later. Advocate Braganza submitted that the petitioner by filing application was only trying to delay the proceedings and the show cause notice cannot be directed to be amended as per the whims and fancies of the petitioner.
An agreement was executed between the petitioner and the respondent on November 12, 1975, for a period of 30 years. After expiry of 30 years, the lease was not renewed or extended. Some negotiations were held between the parties but there was no success.
In March this year, the CCP had sealed the Cine National Theatre building terming it unsafe.
In a notice served to M/S Rao and Company, CCP Commissioner Clen Madeira, GCS, said, “'The Cine National Theatre Building is hereby sealed. The general public are also cautioned and informed not to enter, loiter, park vehicles in and around the theatre building and the Corporation of the City of Panaji, will not own any responsibility in the event of occurrence of any untoward event.''
Madeira had said that during the technical section of the Corporation of the City of Panaji, it was noticed that the building was in a dilapidated condition and posed danger to occupants and the general public as well.