Case Note & Summary
The case pertains to a writ petition filed under Article 227 of the Constitution of India by the legal representatives of the deceased original petitioner, Rama Jaiwant Naik, challenging a common judgment dated 13.2.2009 passed by the Additional Director of Panchayat-I, Margao-Goa, which disposed of Panchayat Appeal Nos. 219/2006 and 220/2006. The background involves illegal constructions allegedly carried out by the petitioner on ground floor and second floor of a property in Nuvem, Goa. Since the Village Panchayat of Nuvem did not take any action, the Deputy Director of Panchayat assumed jurisdiction under Section 65(5) of the Village Panchayat Act and passed two separate judgments and orders dated 14.8.2003: one in Case No. DDPS/illegal.Const/16/2002 regarding ground floor construction, and another in Case No. DDPS/illegal-Const./25/2002 regarding second floor construction, both directing demolition. The petitioner preferred appeals (Panchayat Appeal No. 219/2003 and 220/2003) which were later renumbered as 219/2006 and 220/2006. The Additional Director dismissed both appeals by a common judgment dated 13.2.2009. The petitioners then approached the High Court. The main legal issue was whether the Additional Director erred in confirming the demolition orders. The petitioners argued that the appeals were disposed of without proper consideration. The respondents supported the orders. The High Court, after hearing counsel, found no merit in the petition and dismissed it, upholding the orders of the Deputy Director and the Additional Director. The court held that the authorities correctly exercised their jurisdiction under the Act.
Headnote
A) Panchayat Law - Illegal Construction - Demolition Order - Section 65(5) of the Village Panchayat Act, 1960 - The Deputy Director assumed jurisdiction under Section 65(5) when the Village Panchayat failed to act against illegal constructions. The Deputy Director passed orders dated 14.8.2003 directing demolition of constructions on ground floor and second floor. The Additional Director dismissed appeals on 13.2.2009. The High Court upheld the orders, finding no merit in the petition. (Paras 4-6)
B) Constitutional Law - Supervisory Jurisdiction - Article 227 of the Constitution of India - The High Court exercised supervisory jurisdiction under Article 227 to examine the legality of the orders passed by the Additional Director of Panchayat. The court found no error in the impugned judgment and dismissed the petition. (Paras 1, 6)
Issue of Consideration
Whether the Additional Director of Panchayat erred in dismissing the appeals against the Deputy Director's orders directing demolition of illegal constructions carried out by the petitioner without valid license.
Final Decision
The High Court dismissed the writ petition, upholding the common judgment dated 13.2.2009 of the Additional Director of Panchayat and the orders dated 14.8.2003 of the Deputy Director of Panchayat directing demolition of illegal constructions.
Law Points
- Article 227 of the Constitution of India
- Section 65(5) of the Village Panchayat Act
- 1960
- Panchayat Appeal
- Illegal Construction
- Demolition Order
- Jurisdiction of Deputy Director
- Suo Motu Action by Panchayat Authority
Case Details
2010 LawText (BOM) (09) 109
WRIT PETITION NO.755 OF 2009
Mr. S.D. Lotlikar, Senior Advocate for the Petitioner, Mr. S. Vahidulla, Government Advocate for Respondent no.1 to 3, Mr. C.A. Coutinho, Advocate for Respondent no.5, Ms. Pai Kir, Advocate for Respondent no.4
Shri Rama Jaiwant Naik (since deceased) through L.Rs: Smt. Sarswati Rama Naik, Miss Sujata Rama Naik, Miss Chetna Rama Naik
State of Goa through Secretary Panchayat, The Additional Director of Panchayat-I, The Deputy Director of Panchayat, The Village Panchayat Nuvem, Shri Mangaldas Sawant, Miss Sonia Rama Naik
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Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging the judgment of the Additional Director of Panchayat dismissing appeals against demolition orders for illegal constructions.
Remedy Sought
The petitioners sought to quash the common judgment dated 13.2.2009 passed by the Additional Director of Panchayat-I, Margao-Goa, which dismissed Panchayat Appeal Nos. 219/2006 and 220/2006.
Filing Reason
The petitioners were aggrieved by the dismissal of their appeals against the Deputy Director's orders directing demolition of alleged illegal constructions on ground floor and second floor.
Previous Decisions
The Deputy Director of Panchayat passed judgments and orders dated 14.8.2003 in Case No. DDPS/illegal.Const/16/2002 (ground floor) and Case No. DDPS/illegal-Const./25/2002 (second floor) directing demolition. The Additional Director dismissed the appeals on 13.2.2009.
Issues
Whether the Additional Director of Panchayat erred in dismissing the appeals against the Deputy Director's demolition orders.
Whether the Deputy Director had jurisdiction under Section 65(5) of the Village Panchayat Act to pass the demolition orders.
Submissions/Arguments
Mr. Lotlikar, Senior Advocate for the petitioners, argued that the impugned judgment disposed of the appeals without proper consideration and that the orders were erroneous.
The respondents supported the orders, contending that the authorities correctly exercised their jurisdiction.
Ratio Decidendi
The High Court found no merit in the petition and held that the Additional Director correctly dismissed the appeals. The court did not elaborate on specific legal principles but upheld the orders of the authorities under the Village Panchayat Act.
Judgment Excerpts
By this petition under Article 227 of the Constitution of India, the Petitioners have challenged the judgment passed by the Additional Director of Panchayat-I, Margao-Goa disposing of Panchayat Appeal no.219/2006 and Panchayat Appeal No. 220/2006.
Perusal of the record discloses that since the Village Panchayat of Nuvem did not take any action in respect of the illegal constructions alleged to have been carried out by the Petitioner, the Deputy Director assumed jurisdiction under Section 65(5) of the Village Panchayat Act.
The grievance made by Mr. Lotlikar, learned Counsel appearing for the Petitioners is that although by the impugned judgment the Appellate Authority has disposed of both the appeals...
Procedural History
The Village Panchayat of Nuvem failed to act on illegal constructions. The Deputy Director of Panchayat assumed jurisdiction under Section 65(5) and passed demolition orders on 14.8.2003. The petitioner filed Panchayat Appeal No. 219/2003 and 220/2003 (later renumbered 219/2006 and 220/2006). The Additional Director dismissed both appeals on 13.2.2009. The petitioners then filed the present writ petition under Article 227 on an unspecified date. The High Court heard the matter and dismissed the petition on 1.9.2010.
Acts & Sections
- Village Panchayat Act, 1960: Section 65(5)
- Constitution of India: Article 227
