Case Note & Summary
The appellant, Shri Gopal Dattu Pal, filed a civil suit seeking declarations that the allotment of suit plots 'A' and 'D' by the Administrator of Communidade of Bardez and the Communidade of Bordem in favour of defendant nos. 3 and 6 was illegal and void, and that the construction licence issued by the Chief Officer of Bicholim Municipal Council in favour of defendant no. 3 was illegal. He also sought mandatory injunction for demolition of construction on plot 'A' and permanent injunction restraining further construction. The suit was dismissed by the learned Adhoc District Judge (FTC), Mapusa, on 05.01.2008. The appellant appealed. The High Court examined the evidence and found that the appellant, though a former President of the Communidade, failed to demonstrate any personal right or interest in the suit property. The court noted that the allotment was made by the competent authorities and the plaintiff did not produce any material to show that the allotment or the licence was illegal. The court held that the plaintiff lacked locus standi and that the suit was rightly dismissed. The appeal was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Locus Standi - Suit for Declaration and Injunction - Plaintiff, a former President of Communidade, challenged allotment of plots and construction licence - Court held that plaintiff failed to establish any personal right or interest in the suit property and thus lacked locus standi to maintain the suit (Paras 10-15).
B) Communidade Property - Allotment of Plots - Validity - Allotment made by Administrator and Communidade in favour of defendants - Court found no evidence of illegality or procedural irregularity in the allotment process - Allotment upheld as valid (Paras 16-20).
C) Municipal Law - Construction Licence - Validity - Licence issued by Chief Officer, Bicholim Municipal Council in favour of defendant no. 3 - Plaintiff failed to prove that licence was illegal or contrary to law - Licence upheld (Paras 21-25).
Issue of Consideration
Whether the allotment of suit plots by the Communidade and the construction licence issued by the Municipal Council are illegal and void, and whether the plaintiff has locus standi to challenge them.
Final Decision
Appeal dismissed. Judgment and decree of the trial court upheld. No order as to costs.
Law Points
- Locus standi
- Burden of proof
- Validity of administrative decisions
- Communidade property management
Case Details
2014 LawText (BOM) (04) 98
First Appeal No. 25 of 2008
Mr. D. Pangam for Appellant, Mr. R. G. Ramani for Respondent nos. 1 and 2, Mr. A. Kansar for Respondent nos. 3 and 6, Mr. Pravin Faldessai, Addl. Government Advocate for Respondent nos. 8 and 9
Administrator of Communidade of Bardez, Communidade of Bordem, Shri Babi Laximan Pal, Shri Namdev Laximan Pal, Shri Tukaram Naru Pal, Shri Kustulo Naru Pal, Chief Officer Bicholim Municipal Council, Collector of North Goa, Government of Goa
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Nature of Litigation
Civil suit for declaration and injunction challenging allotment of plots and construction licence by Communidade and Municipal Council.
Remedy Sought
Declaration that allotment of suit plots 'A' and 'D' and construction licence are illegal and void, mandatory injunction for demolition, and permanent injunction restraining further construction.
Filing Reason
Plaintiff claimed that allotment of plots and construction licence were illegal and void.
Previous Decisions
Suit dismissed by learned Adhoc District Judge (FTC), Mapusa, on 05.01.2008.
Issues
Whether the plaintiff has locus standi to challenge the allotment and licence.
Whether the allotment of suit plots and construction licence are illegal and void.
Submissions/Arguments
Appellant argued that allotment and licence were illegal.
Respondents contended that plaintiff lacked locus standi and that allotment and licence were valid.
Ratio Decidendi
A plaintiff must have a personal right or interest in the subject matter to maintain a suit for declaration and injunction. Mere membership or former office in a Communidade does not confer locus standi to challenge allotments made by competent authorities in the absence of illegality.
Judgment Excerpts
The Appeal arises out of the Judgment and Decree passed by the learned Adhoc District Judge (FTC), Mapusa, in Civil Suit no. 70/2005 on 05.01.2008, dismissing the suit filed by the Plaintiffs.
The Plaintiff has filed the Civil Suit praying for the Decree for declaration that the allotment of the suit plots 'A' and 'D' made by the original defendant nos. 1, 2, 8 and 9 in favour of the original defendant nos. 3 and 6 are illegal and void...
Procedural History
Civil Suit No. 70/2005 filed by plaintiff before Adhoc District Judge (FTC), Mapusa, dismissed on 05.01.2008. Appeal filed before High Court of Bombay at Goa as First Appeal No. 25 of 2008, dismissed on 03.04.2014.
