Case Note & Summary
The petitioner, an advocate, filed a Public Interest Litigation before the Bombay High Court at Goa challenging the construction of buildings by Respondent No.6, a builder, in property bearing survey nos. 102/1 and 102/2 of Ella (Old Goa), Tiswadi, Goa. The petitioner sought quashing of permissions, completion certificate, occupancy certificate, and particularly the orders of regularisation made by the Town Planner (Respondent No.4) and the Village Panchayat of Se-Old Goa (Respondent No.3). The petitioner alleged that the construction was in violation of statutory provisions and planning regulations, and that the permissions were granted malafide due to the political influence of the director of Respondent No.6, who was a Member of the Legislative Assembly and Minister of Transport at the relevant time. The court, upon initial hearing on 15th April 2010, recorded an undertaking by Respondent No.6 that no further construction would be carried out. The court examined the facts and found that the construction exceeded permissible FSI and height, and was built without valid permissions. The regularisation orders were passed without following due process and were influenced by extraneous considerations. The Village Panchayat granted completion and occupancy certificates without verifying compliance with building plans and regulations, in violation of the Goa Panchayat Raj Act, 1994 and Rules. The court held that the regularisation cannot be used to legitimise gross illegalities and that authorities must act within the framework of law. The court also held that the exercise of power for extraneous considerations is malafide and liable to be quashed. Consequently, the court allowed the petition, quashed the impugned permissions, completion certificate, occupancy certificate, and regularisation orders, and directed the demolition of the unauthorised structures.
Headnote
A) Public Interest Litigation - Maintainability - Challenge to illegal construction - Petitioner, an advocate, filed PIL questioning construction by builder with political connections - Court entertained PIL as it raised serious issues of violation of planning laws and malafide exercise of power by authorities - Held that PIL is maintainable when there is a breach of statutory provisions and public interest is involved (Paras 2-4). B) Town Planning - Regularisation of illegal construction - Violation of Development Control Regulations - Construction exceeded permissible FSI and height, and was built without valid permissions - Regularisation orders were passed without following due process and were malafide - Held that regularisation cannot be used to legitimise gross illegalities and that authorities must act within the framework of law (Paras 5-10). C) Panchayat Raj - Grant of Completion Certificate and Occupancy Certificate - Duty of Village Panchayat - Panchayat granted certificates without verifying compliance with building plans and regulations - Certificates were issued in violation of the Goa Panchayat Raj Act, 1994 and Rules - Held that Panchayat cannot abdicate its statutory duty and must ensure that constructions are lawful before issuing certificates (Paras 11-15). D) Administrative Law - Malafide exercise of power - Influence of political connections - Director of builder was an MLA and Minister at relevant time - Authorities showed undue favour and tolerated illegalities - Held that exercise of power for extraneous considerations is malafide and liable to be quashed (Paras 16-20).
Issue of Consideration
Whether the construction of buildings by Respondent No.6 in survey nos. 102/1 and 102/2 of Ella (Old Goa) was illegal and whether the permissions, completion certificate, occupancy certificate, and orders of regularisation granted by the planning authorities and the Village Panchayat were valid.
Final Decision
The court allowed the petition, quashed the impugned permissions, completion certificate, occupancy certificate, and regularisation orders, and directed the demolition of the unauthorised structures.
Law Points
- Public Interest Litigation
- Regularisation of illegal construction
- Violation of planning regulations
- Malafide exercise of power
- Duty of statutory authorities
