Case Note & Summary
The petitioners, Sanjay Singhal and Akhil Gupta, filed a writ petition challenging the demolition of their structure by the North Goa Planning and Development Authority (respondent no.1). The structure was constructed on a plot in Calangute, Goa, without obtaining planning permission from the Authority and in violation of Coastal Regulation Zone (CRZ) norms. The Authority issued a notice under Section 52 of the Goa Town and Country Planning Act, 1974, calling upon the petitioners to show cause why the structure should not be demolished. The petitioners did not respond to the notice, and the Authority proceeded to demolish the structure. The petitioners argued that the demolition was illegal and violative of principles of natural justice as they were not given a hearing. The court examined the facts and found that the construction was unauthorized and in clear violation of CRZ regulations. The court held that the Authority was justified in taking action under Section 52, and the petitioners had no legal right to retain the illegal structure. The court also noted that the notice under Section 52 provided an opportunity to the petitioners to show cause, but they failed to avail it. Therefore, there was no violation of natural justice. The court dismissed the petition, upholding the demolition.
Headnote
A) Town Planning - Unauthorized Construction - Demolition - Section 52 of the Goa Town and Country Planning Act, 1974 - The petitioners constructed a structure without obtaining planning permission and in violation of CRZ norms. The Authority issued a notice under Section 52 and demolished the structure. The court held that the Authority was justified in taking action as the construction was illegal and the petitioners had no legal right to retain it. (Paras 1-10) B) Natural Justice - Right of Hearing - Demolition - The petitioners contended that they were not given a hearing before demolition. The court held that the notice under Section 52 provided an opportunity to show cause, and the petitioners failed to respond. Therefore, there was no violation of natural justice. (Paras 5-8) C) Coastal Regulation Zone - CRZ Violation - Construction in CRZ Area - The structure was located in a CRZ area without requisite clearance. The court held that any construction in CRZ area without permission is illegal and liable to be demolished. (Paras 3-6)
Issue of Consideration
Whether the demolition of the petitioners' structure by the North Goa Planning and Development Authority was illegal and violative of principles of natural justice, and whether the petitioners were entitled to any relief.
Final Decision
The court dismissed the writ petition, upholding the demolition of the unauthorized structure.
Law Points
- Doctrine of proportionality
- Right to hearing before demolition
- Unauthorized construction in CRZ area
- Planning permission requirement
- Section 52 of the Goa Town and Country Planning Act
- 1974
