Case Note & Summary
The petitioner, a resident, filed a writ petition challenging an order dated 25.07.2023 passed by the Additional Director of Panchayats (DOP), Panaji, Goa, which allowed an appeal by Respondent No.3 against a demolition order of a house structure and granted him liberty to apply for regularisation. The petitioner also sought directions to the Panchayat to execute two demolition orders and to the Senior Town Planner to take action under Section 17A of the Town & Country Planning Act for removal of mud filling in an agricultural field. The facts reveal that on complaints by the petitioner, the Panchayat issued two demolition orders: the first on 24.06.2014 for illegal shops, and the second on 30.07.2014 for an illegal house structure, both constructed on agricultural land (paddy field) without any permissions. The first demolition order became final after the DOP dismissed the appeal against it on 25.07.2023. However, the Panchayat did not execute either order. Meanwhile, Respondent No.3 sought regularisation of the shops, which the Panchayat initially resolved to regularise but later revoked. The revocation was upheld by the DOP. The petitioner also approached the Goa Lokayukta, which directed an FIR against Panchayat officials for corruption. The impugned order allowed Respondent No.3's appeal against the second demolition order, setting it aside and granting liberty to apply for regularisation. The court examined the DOP's findings, which noted that the survey records showed the land as cultivable with no existing structures, and that Respondent No.3 had produced no permissions or approved plans. The court held that the DOP's own findings demonstrated the illegality of the construction, and the appeal ought to have been dismissed. Relying on Miguel Francisco Gonsalves v. State of Goa, the court reiterated that regularisation of structures built in complete violation of building regulations should be discouraged. The court quashed the impugned order, restored the second demolition order, and directed the Panchayat to execute both demolition orders within four weeks. The court also directed the Senior Town Planner to take action under Section 17A of the Town & Country Planning Act for removal of mud filling and restoration of the agricultural field.
Headnote
A) Panchayat Law - Illegal Construction - Demolition Order - Section 66 of Goa Panchayat Raj Act, 1994 - The court examined whether the DOP could set aside a demolition order and allow regularisation of an illegal house structure built without any permission on agricultural land. The court held that the DOP's findings clearly showed the construction was illegal, and the appeal ought to have been dismissed; granting liberty to regularise was erroneous and contrary to law. (Paras 7-9) B) Panchayat Law - Regularisation of Unauthorised Construction - Section 66 of Goa Panchayat Raj Act, 1994 - The court considered the legality of regularising structures built in complete violation of building regulations without any licence. Relying on Miguel Francisco Gonsalves v. State of Goa, the court held that such regularisation should be discouraged as it discriminates against law-abiding citizens and encourages illegal constructions. (Para 9) C) Panchayat Law - Execution of Demolition Orders - Section 66 of Goa Panchayat Raj Act, 1994 - The court directed the Panchayat to execute the first demolition order dated 24.06.2014 regarding the shops, which had attained finality, within a specified time frame, noting that the Panchayat had failed to act despite the order being upheld. (Para 6)
Issue of Consideration
Whether the Additional Director of Panchayats (DOP) was justified in setting aside the demolition order of an illegal house structure and granting liberty to apply for regularisation, despite finding that the construction was without any permission and on agricultural land.
Final Decision
The court allowed the petition, quashed the impugned order dated 25.07.2023 of the DOP, restored the second demolition order dated 30.07.2014, and directed the Panchayat to execute both demolition orders within four weeks. The court also directed the Senior Town Planner to take action under Section 17A of the Town & Country Planning Act for removal of mud filling and restoration of the agricultural field.
Law Points
- Regularisation of illegal constructions without permission is impermissible
- Demolition orders must be executed by Panchayat
- Section 66 of Goa Panchayat Raj Act
- 1994
- Section 17A of Town & Country Planning Act
- 1974
