Case Note & Summary
The judgment concerns two writ petitions: WP No.414/2023 filed by Goa University challenging an order of the Town and Country Planning Board dated 20.12.2021 directing compliance with earlier directions, and WP No.54/2023 filed by Dr. Suresh B. Shetye seeking action against the University for constructing a compound wall without leaving access to his properties. The University was established in 1985 under the Goa University Act, 1984, and the Government of Goa acquired lands for its campus. In 2009/2010, the University constructed a compound wall along its periphery. In 2013, the NGPDA informed the University that a 30-metre wide ODP road was planned along the Northern boundary and that the University's barbed wire fencing had blocked the road. A show cause notice was issued in 2014 alleging unauthorized construction and encroachment. The University challenged a stop work order before the Board, which constituted a Sub-Committee to inspect the site. The Board passed an order on 27.10.2015 directing the University to remove the compound wall where it blocked the ODP road and to provide access to neighboring properties. The University sought regularization of the wall, and the GPPDA granted regularization on 24.07.2018, but without specifying plans. Dr. Shetye complained that the wall blocked access to his properties. The court held that the regularization order was vague and did not legalize the wall without leaving access. The court dismissed the University's petition and allowed Dr. Shetye's petition, directing the University to comply with the Board's directions and provide access to neighboring properties.
Headnote
A) Town and Country Planning - Regularization of Unauthorized Construction - Section 52, Goa Town and Country Planning Act, 1974 - The Board's order dated 27.10.2015 required the University to remove the compound wall where it blocked the ODP road and to provide access to neighboring properties. The regularization order dated 24.07.2018 did not specify the plans or dimensions of the wall, and thus could not be deemed to have legalized the wall without leaving access. Held that the regularization order was vague and did not cure the illegality of the wall blocking access. (Paras 10-15) B) Town and Country Planning - Access to Neighboring Properties - Section 52, Goa Town and Country Planning Act, 1974 - The University's compound wall constructed along its periphery without leaving any openings for access to neighboring properties, including Dr. Shetye's land, was held to be illegal. The Board's direction to provide access was valid and the University was required to comply. Held that the wall must be modified to provide reasonable access to the neighboring properties. (Paras 16-20) C) Town and Country Planning - Statutory Authority Exemption - Section 66, Panchayat Raj Act, 1994 - The University's claim of exemption from seeking construction licenses under the Panchayat Raj Act was not accepted as a blanket exemption from town planning regulations. The University was required to comply with the TCP Act and the Board's directions. Held that the University cannot claim exemption from the requirement to leave access to neighboring properties. (Paras 21-25)
Issue of Consideration
Whether the Goa University's construction of a compound wall without leaving access to neighboring properties was unauthorized and whether the regularization order dated 24.07.2018 legalized the wall without proper plans.
Final Decision
The court dismissed Writ Petition No.414/2023 filed by Goa University and allowed Writ Petition No.54/2023 filed by Dr. Suresh B. Shetye. The court directed the University to comply with the Board's directions and provide access to neighboring properties, and directed the NGPDA to take action on Dr. Shetye's complaint.
Law Points
- Town and Country Planning Act
- 1974
- Section 52
- Section 66
- Panchayat Raj Act
- 1994
- Regularization of unauthorized construction
- Access to neighboring properties
- Compound wall
- Statutory authority exemption
- Sub-Committee inspection
- ODP road
- Right of way
