Case Note & Summary
The petitioner, Competent Automobiles Company Ltd., applied for a licence to construct a Beach Resort at village Arossim, Goa, based on a technical clearance dated 25/06/2014 and a CRZ clearance dated 11/04/2013 from the Ministry of Environment and Forest. The first respondent, Village Panchayat of Cansualim-Arossim-Cuelim, returned the proposal on 16/10/2014, stating that the built-up area exceeded 20,000 square metres and required prior environmental clearance under the Environment Impact Assessment Notification dated 14/09/2006, which the petitioner had not submitted. The petitioner appealed to the Director of Panchayats under Section 66(7) of the Goa Panchayat Raj Act, 1994. The Additional Director of Panchayats, Margao, by order dated 17/06/2015, allowed the appeal and directed the Panchayat to consider the application afresh. The respondents (Panchayat and others) then filed a Civil Revision Application before the High Court under Section 201-B of the Act, challenging the Director's order. The petitioner filed this writ petition questioning the maintainability of the revision application. The High Court examined the provisions of Sections 66(7) and 201-B of the Act. Section 66(7) states that the decision of the Director on appeal shall be final and binding. Section 201-B provides for revision by the High Court against any order of the Director under the Act, except those under certain sections. The court held that the order under Section 66(7) is final and binding, and the revision provision under Section 201-B does not apply to such orders. The court reasoned that the Act is a complete code and the finality clause excludes further remedies. The writ petition was allowed, and the Civil Revision Application was dismissed as not maintainable.
Headnote
A) Panchayat Raj - Civil Revision - Maintainability - Section 201-B read with Section 66(7) of Goa Panchayat Raj Act, 1994 - The question was whether a Civil Revision Application lies against an order of the Director of Panchayats under Section 66(7) of the Act. The court held that the order under Section 66(7) is final and binding, and no revision lies under Section 201-B as the provision does not apply to orders passed under Section 66(7). The court reasoned that the scheme of the Act provides for a complete code for appeals and revisions, and the finality clause in Section 66(7) excludes further remedies. (Paras 1-10)
Issue of Consideration
Whether a Civil Revision Application would lie under Section 201-B of the Goa Panchayat Raj Act, 1994 against an order passed by the Director of Panchayats under Section 66(7) of the said Act, in view of the finality attached to the said order.
Final Decision
The High Court allowed the writ petition and held that the Civil Revision Application filed by the respondents is not maintainable. The order of the Director of Panchayats under Section 66(7) is final and binding, and no revision lies under Section 201-B of the Goa Panchayat Raj Act, 1994.
Law Points
- Finality of order under Section 66(7) of Goa Panchayat Raj Act
- 1994
- Maintainability of Civil Revision Application under Section 201-B of the Act
- Interpretation of statutory provisions
- Doctrine of finality
