Case Note & Summary
The case involves a dispute between family members over an alleged illegal extension to a residential house. The petitioner, Jose Rebello, complained to the Village Panchayat of Assolna that respondent nos. 1, 2 and 3 had carried out an illegal extension to house no. 550 without permission or no objection from the co-owner. The Panchayat issued a show cause notice, conducted a site inspection, and after considering the reply, passed a demolition order on 11.02.2015 based on a resolution dated 16.01.2015. Respondent nos. 1, 2 and 3 challenged this demolition order before the Additional Director of Panchayats, but the appeal was dismissed on 30.06.2015. They then filed a revision under Section 201-B of the Goa Panchayat Raj Act, 1994 before the Adhoc District Judge-1, FTC, Margao, Goa. The revision was allowed on 04.01.2020, quashing the demolition notice. The petitioner challenged this revision order in the High Court. The High Court examined the maintainability of the revision and found that the revision under Section 201-B was maintainable as the order was passed by the Panchayat. The court also noted that the demolition notice was issued without giving proper opportunity of hearing to the respondents, violating principles of natural justice. The High Court dismissed the writ petition, upholding the revision order and confirming that the demolition notice was rightly quashed.
Headnote
A) Panchayat Law - Revision - Maintainability - Section 201-B of Goa Panchayat Raj Act, 1994 - The revision filed by Respondent Nos. 1, 2 and 3 against the demolition notice was maintainable under Section 201-B as the order was passed by the Panchayat and the revision lies to the District Judge. The court held that the revisional authority has power to examine the legality and propriety of the order. (Paras 3, 6, 7)
B) Panchayat Law - Demolition Notice - Natural Justice - Section 201-B of Goa Panchayat Raj Act, 1994 - The demolition notice dated 11.02.2015 was quashed as it was issued without giving proper opportunity of hearing to the respondents. The court held that the Panchayat must follow principles of natural justice before ordering demolition. (Paras 5, 7)
C) Panchayat Law - Revisional Powers - Scope - Section 201-B of Goa Panchayat Raj Act, 1994 - The revisional court can set aside an order if it is illegal or improper. In this case, the Adhoc District Judge found that the demolition notice was not preceded by a proper hearing and thus quashed it. The High Court upheld this finding. (Paras 3, 7)
Issue of Consideration
Whether the Adhoc District Judge was justified in allowing the revision under Section 201-B of the Goa Panchayat Raj Act, 1994 and quashing the demolition notice dated 11.02.2015 issued by the Village Panchayat of Assolna.
Final Decision
The High Court dismissed the writ petition, upholding the judgment of the Adhoc District Judge dated 04.01.2020 in Civil Revision Application No. 20 of 2018, which quashed the demolition notice dated 11.02.2015.
Law Points
- Maintainability of revision under Section 201-B of Goa Panchayat Raj Act
- 1994
- Requirement of prior hearing before demolition order
- Scope of revisional powers of District Judge
Case Details
2023 LawText (BOM) (12) 147
WRIT PETITION NO. 389 OF 2021
Mr. Ashwin D. Bhobe with Ms. Ramona Prazares for Petitioner, Mr. R.G. Ramani, Senior Advocate with Mr. Pranav Shenvi Kakodkar for Respondent Nos. 1, 2 and 3, Mr. Zeller D'Souza for Respondent No. 4
Mrs. Epimaca Carmina Goes e Rebello alias Effy Carmelina Goes, Walter Francis Rebello, Mrs. Placide Dolsy Rebello, Village Panchayat of Assolna
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging the judgment of the Adhoc District Judge allowing a revision under Section 201-B of the Goa Panchayat Raj Act, 1994 and quashing a demolition notice issued by the Village Panchayat.
Remedy Sought
The petitioner sought to set aside the judgment dated 04.01.2020 in Civil Revision Application No. 20 of 2018 passed by the Adhoc District Judge-1, FTC, Margao, Goa.
Filing Reason
The petitioner was aggrieved by the revision order that quashed the demolition notice dated 11.02.2015 issued by the Village Panchayat of Assolna against respondent nos. 1, 2 and 3.
Previous Decisions
The demolition notice dated 11.02.2015 was issued by the Panchayat. Respondent nos. 1, 2 and 3 challenged it before the Additional Director of Panchayats, which was dismissed on 30.06.2015. They then filed a revision under Section 201-B before the Adhoc District Judge, who allowed the revision on 04.01.2020 and quashed the demolition notice.
Issues
Whether the revision under Section 201-B of the Goa Panchayat Raj Act, 1994 was maintainable against the demolition notice.
Whether the demolition notice was issued in violation of principles of natural justice.
Submissions/Arguments
The petitioner argued that the revision was not maintainable as the order was passed by the Panchayat and the remedy was an appeal, not revision.
Respondent nos. 1, 2 and 3 argued that the revision was maintainable under Section 201-B and that the demolition notice was issued without giving them a proper hearing.
Ratio Decidendi
The revision under Section 201-B of the Goa Panchayat Raj Act, 1994 is maintainable against an order of demolition passed by the Panchayat. The revisional authority has the power to examine the legality and propriety of the order. In this case, the demolition notice was quashed as it was issued without giving proper opportunity of hearing to the respondents, violating principles of natural justice.
Judgment Excerpts
The Petitioner challenges the judgment dated 04.01.2020 in Civil Revision Application No. 20 of 2018 passed by the Adhoc District Judge-1, FTC, Margao, Goa, wherein the Revision filed by Respondent Nos. 1, 2 and 3 under Section 201-B of Goa Panchayat Raj Act, 1994 challenging the demolition notice, was allowed and the demolition notice dated 11.02.2015 issued by the Village Panchayat of Assolna/Respondent No. 4 was quashed and set aside.
A complaint was lodged by the Petitioner on 17.02.2014 with the Panchayat/Respondent No. 4 thereby intimating that Respondent Nos. 1, 2 and 3 carried out an illegal extension to house no. 550 without any permission or no objection from the co-owner.
Procedural History
The petitioner filed a complaint on 17.02.2014. The Panchayat issued a show cause notice, and after site inspection and reply, passed a demolition order on 11.02.2015. Respondent nos. 1, 2 and 3 challenged the order before the Additional Director of Panchayats, which was dismissed on 30.06.2015. They then filed a revision under Section 201-B before the Adhoc District Judge, who allowed the revision on 04.01.2020. The petitioner filed the present writ petition on an unspecified date, which was heard and dismissed on 07.12.2023.
Acts & Sections
- Goa Panchayat Raj Act, 1994: Section 201-B
