Case Note & Summary
The petitioner, Mr. Raphael Domnic Philip Patricio, co-owner of property bearing Survey No.87/3 in Village Nerul, filed a writ petition under Article 226 of the Constitution before the High Court of Bombay at Goa. In March 2023, respondent No.4, Mrs. Manorama Salgaonkar, who owns adjoining property at Survey No.87/1, started construction without obtaining any permission from the authorities and without maintaining the required setback. The petitioner lodged a complaint with the Village Panchayat of Nerul (respondent No.3) on 06/03/2023. The panchayat issued a stop work notice on 15/03/2023 and scheduled a site inspection on 20/03/2023. Despite the stop work order, the construction continued illegally at a fast pace, and the panchayat failed to ensure effective implementation. The petitioner then approached the High Court seeking a writ of mandamus directing respondents No.1 (State of Goa), No.2 (Chief Town Planner), and No.3 (Village Panchayat) to demolish the illegal construction. The court issued notice on 10/04/2023 and heard the matter with consent of both parties. The legal issues centered on whether the panchayat had a statutory duty to enforce the stop work notice and whether the court could issue mandamus to compel demolition. The petitioner argued that the construction was illegal and the authorities were negligent. The respondents, including the state and panchayat, did not effectively oppose the petition. The court analyzed that the panchayat had issued a stop work notice but failed to take further action, and the construction continued. The court held that a writ of mandamus is appropriate to compel the performance of a statutory duty. The court directed the demolition of the illegal construction and ordered respondent No.4 to bear the costs. The decision favored the petitioner.
Headnote
A) Constitutional Law - Writ of Mandamus - Illegal Construction - Petitioner, co-owner of property in Survey No.87/3, sought demolition of illegal construction by neighbour in Survey No.87/1 without permission and setback - Panchayat issued stop work notice but failed to enforce - Court held that mandamus lies to compel performance of statutory duty - Directed demolition and recovery of costs from respondent No.4 (Paras 1-5).
Issue of Consideration
Whether the court should direct the respondents to demolish illegal construction undertaken by respondent No.4 in Survey No.87/1 of Village Nerul, and whether the panchayat failed to enforce the stop work notice.
Final Decision
The court allowed the writ petition, directing demolition of the illegal construction and recovery of costs from respondent No.4.
Law Points
- Writ of mandamus
- illegal construction
- stop work notice
- enforcement by panchayat
- co-owner rights
- survey numbers
