Case Note & Summary
The petitioner, Shri Prakash N. Naik, filed a writ petition before the Bombay High Court at Goa challenging an order dated 22.12.2004 passed by the Goa Coastal Zone Management Authority (respondent). The impugned order directed the petitioner to demolish a disputed structure situated in property surveyed under No.184/0 of Arambol Village. The petitioner contended that the show cause notice dated 24.09.2004 relied upon a survey report of the Deputy Collector and a panchanama drawn by the local panchayat, but copies of these documents were not furnished to him along with the notice. The petitioner argued that this non-furnishing vitiated the show cause notice and consequently the impugned order, as it was passed in breach of the principles of natural justice. In support, the petitioner's counsel relied on the judgment of this Court in Eknath Kanolkar Vs Goa Coastal Zone Management Authority reported in (2006) 2 GLR 149. Without prejudice to this submission, the petitioner also pointed out that along with his reply, he had produced numerous documents including a construction licence, house tax receipts, and a location plan. The respondent's counsel, Shri E. Afonso, Government Advocate, appeared for the authority. The court, after hearing both sides, found merit in the petitioner's submission. The court held that the failure to furnish the documents relied upon in the show cause notice amounted to a violation of natural justice, and therefore the impugned order could not be sustained. Consequently, the court quashed and set aside the order dated 22.12.2004 and allowed the petition. The court also directed that the respondent was at liberty to issue a fresh show cause notice after furnishing all relevant documents to the petitioner and proceed in accordance with law.
Headnote
A) Administrative Law - Natural Justice - Show Cause Notice - Furnishing of Documents - The failure to supply copies of documents relied upon in a show cause notice, such as survey report and panchanama, violates principles of natural justice and vitiates the subsequent order. (Paras 3-4) B) Environmental Law - Coastal Zone Management - Demolition Order - The Goa Coastal Zone Management Authority's order directing demolition of a structure was set aside as the show cause notice did not furnish the survey report and panchanama relied upon, depriving the petitioner of a fair opportunity to respond. (Paras 2-4)
Issue of Consideration
Whether the impugned demolition order passed by the Goa Coastal Zone Management Authority is vitiated due to non-furnishing of documents relied upon in the show cause notice, thereby violating principles of natural justice.
Final Decision
The petition is allowed. The impugned order dated 22.12.2004 is quashed and set aside. The respondent is at liberty to issue a fresh show cause notice after furnishing all relevant documents to the petitioner and proceed in accordance with law.
Law Points
- Natural justice
- Show cause notice
- Furnishing of documents
- Violation of principles of natural justice
- Demolition order
- Coastal Zone Management
