Case Note & Summary
The Village Panchayat of Calangute and its Sarpanch filed a writ petition challenging an order dated 12th January 2005 passed by the Collector and District Magistrate, North Goa, directing removal of hoardings erected by the Panchayat. The petitioners contended that the hoardings were erected in exercise of powers under the Goa Panchayat Raj Act, 1994, and that no notice was given before the impugned order. The respondents argued that under the amended Section 3 of the Goa Prevention of Defacement of Property Act, 1988 and a State Government notification, the Panchayat was required to obtain permission from the Collector before displaying hoardings, and since no permission was obtained, the order was valid and no notice was necessary. The High Court did not delve into the merits of the rival contentions but held that the petitioners ought to have been given notice by the Collector before the order was passed, as the order adversely affected them. The court quashed and set aside the impugned order solely on the ground of violation of principles of natural justice, without expressing any opinion on the merits of the case. The rule was made absolute with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Notice Before Adverse Order - Goa Prevention of Defacement of Property Act, 1988, Section 3 - The Collector passed an order dated 12th January 2005 directing removal of hoardings erected by the Village Panchayat of Calangute without any prior notice to the Panchayat. The High Court held that even if the Panchayat was required to obtain permission under the Act, the Collector ought to have given notice before passing the order, as the order adversely affected the Panchayat's rights. The impugned order was quashed and set aside solely on the ground of violation of natural justice. (Paras 3-6)
Issue of Consideration
Whether the Collector could pass an order directing removal of hoardings erected by the Village Panchayat without giving prior notice to the Panchayat, thereby violating principles of natural justice.
Final Decision
The impugned order dated 12th January 2005 is quashed and set aside. The rule is made absolute. No order as to costs.
Law Points
- Natural justice
- Notice requirement
- Administrative order
- Goa Prevention of Defacement of Property Act
- 1988
- Section 3
- Goa Panchayat Raj Act
- 1994
