Case Note & Summary
The petitioner, Mr. Satish Mathur Tupkar, filed a writ petition before the High Court of Bombay at Goa seeking enforcement of a demolition order dated 30.01.2019 issued by the Village Panchayat of Guirim against respondent no. 5, Mr. Shamsundar Palyekar, for an illegal portion of a structure. The petitioner alleged that despite the order attaining finality, the Panchayat failed to take steps for actual demolition. The court heard counsel for all parties. The Panchayat's counsel stated that steps would be taken with the assistance of the demolition squad. Respondent no. 5's counsel pointed out that an application for regularization had been made to the Deputy Town and Country Planner and sought a direction for expeditious disposal, with an undertaking to demolish if regularization was declined. The Additional Government Advocate, on instructions, stated that the regularization applications dated 26.02.2019 and 10.02.2020 would be disposed of within 30 days and the decision communicated to all parties. Respondent no. 5 filed an affidavit undertaking to demolish the illegal portion if regularization was declined. The court accepted the statements and disposed of the petition with directions for expeditious disposal of the regularization application and for the Panchayat to proceed with demolition if regularization was not granted.
Headnote
A) Panchayat Law - Enforcement of Demolition Order - Village Panchayat of Guirim issued demolition order dated 30.01.2019 against respondent no. 5 - Petitioner sought direction to execute the order - Panchayat undertook to take steps with assistance of demolition squad - Held that Panchayat must proceed with demolition (Paras 3-4). B) Town Planning - Regularization Application - Respondent no. 5 applied for regularization to Deputy Town and Country Planner - State undertook to decide application within 30 days - Respondent no. 5 undertook to demolish if regularization declined - Held that regularization application be disposed expeditiously (Paras 5-7).
Issue of Consideration
Whether the Panchayat should be directed to execute the demolition order dated 30.01.2019 and whether the regularization application of respondent no. 5 should be considered expeditiously.
Final Decision
The court disposed of the petition with directions: (1) The Deputy Town and Country Planner to dispose of the regularization applications dated 26.02.2019 and 10.02.2020 within 30 days and communicate the decision to the Panchayat, petitioner, and respondent no. 5. (2) If regularization is declined, respondent no. 5 shall demolish the illegal portion immediately. (3) The Panchayat to proceed with demolition if respondent no. 5 fails to do so.
Law Points
- Enforcement of demolition order
- regularization application
- expeditious disposal
- undertaking to demolish
