Case Note & Summary
The appellants, owners of a shop located on their private land in Canacona, Goa, filed a second appeal against the Canacona Municipal Council after the Council demolished their shop. The appellants had previously obtained an order from the Municipal Tribunal protecting an area of 6x7 metres of the shop. Despite this, the Municipal Council demolished the entire structure, claiming they were acting under directions from the High Court in a Public Interest Litigation (PIL) that ordered removal of kiosks/gadas on road widening open spaces within municipal areas. The appellants argued that the shop was on their own land, not on public land, and that no show cause notice or hearing was given before demolition. The substantial question of law framed was whether the lower courts were correct in holding that the demolition was as per High Court directives. The High Court found that the Municipal Council had misconstrued the PIL directions, which applied only to structures on public land, not private property. The Court noted that the Municipal Council had not issued any notice under Section 210 of the Goa Municipalities Act, 1968, which requires prior notice before demolition. The Court held that the demolition was illegal and without jurisdiction. Consequently, the second appeal was allowed, the judgments of the lower courts were set aside, and the suit was decreed in favor of the appellants. The Municipal Council was directed to pay costs of Rs. 10,000 to the appellants.
Headnote
A) Municipal Law - Illegal Demolition - Section 210 of the Goa Municipalities Act, 1968 - Demolition without notice - The Municipal Council demolished the appellant's shop without issuing any show cause notice or hearing, relying on a High Court direction in a PIL for removal of kiosks on public land. However, the shop was on private land belonging to the appellants. Held that the demolition was illegal and without jurisdiction as no notice under Section 210 was given and the property was not on public land (Paras 3-5). B) Property Rights - Private Land - Encroachment - The Municipal Council cannot demolish structures on private land without following due process of law. The High Court's direction in PIL was for removal of kiosks on road widening/open spaces, not on private property. Held that the appellants' property rights were violated (Paras 3-5).
Issue of Consideration
Whether the learned Courts below were right in holding that the respondent had demolished the suit shop as per the directives of the Hon'ble High Court?
Final Decision
Second appeal allowed. Judgments of the lower courts set aside. Suit decreed in favor of the appellants. Respondent directed to pay costs of Rs. 10,000 to the appellants.
Law Points
- Demolition without notice is illegal
- Municipal Council cannot demolish structures on private land without following procedure
- Deemed permission under Section 210 of Goa Municipalities Act
- 1968
- Protection of property rights
