Case Note & Summary
The petitioners, owners of a shop in Margao, Goa, alleged that the respondent no.3, a tenant, carried out unauthorized construction/repairs in the shop without permission from the petitioners or the Municipal Council. The petitioners complained to the Municipal Council (respondent no.1), which inspected the site on 17/04/2014 and prepared a transgression report. On 22/04/2014, the Council issued a show cause notice to respondent no.3, who was heard, and on 12/05/2014, the Council passed an order directing demolition of the unauthorized works. Respondent no.3 appealed to the Goa Municipalities Appellate Tribunal, which on 03/09/2014 set aside the demolition order, holding that the works did not amount to 'building' under Section 184 of the Goa Municipalities Act, 1968. The petitioners challenged this appellate order in the High Court. The High Court examined the definition of 'building' under Section 184, which includes any structure for occupation or use. The court noted that the works included construction of a toilet block, raising of plinth, and other alterations, which clearly fell within the definition. The court held that the Municipal Council had jurisdiction to order demolition and that the Appellate Tribunal erred in setting aside the order. The High Court allowed the writ petition, quashed the Tribunal's order, and restored the Municipal Council's demolition order.
Headnote
A) Municipal Law - Unauthorized Construction - Definition of Building - Section 184 Goa Municipalities Act, 1968 - The construction of a toilet block, raising of plinth, and other works in a shop without permission constitute 'building' under Section 184, as the term includes any structure for occupation or use. The Municipal Council has jurisdiction to order demolition of such unauthorized construction. (Paras 2-10) B) Municipal Law - Demolition Order - Jurisdiction - Section 184 Goa Municipalities Act, 1968 - The Municipal Council's order dated 12/05/2014 directing demolition of unauthorized works was valid, as the works were carried out without permission and fell within the definition of 'building'. The Appellate Tribunal's order setting aside the demolition was erroneous. (Paras 2-10) C) Municipal Law - Natural Justice - Opportunity of Hearing - Section 184 Goa Municipalities Act, 1968 - The respondent no.3 was given an opportunity of hearing before the demolition order was passed, as he was issued a show cause notice and heard. The principles of natural justice were complied with. (Paras 2-10)
Issue of Consideration
Whether the construction of a toilet block and other works in a shop without permission amounts to 'building' under Section 184 of the Goa Municipalities Act, 1968, and whether the Municipal Council has jurisdiction to order demolition.
Final Decision
The High Court allowed the writ petition, quashed the order of the Goa Municipalities Appellate Tribunal dated 03/09/2014, and restored the order of the Municipal Council dated 12/05/2014 directing demolition of the unauthorized construction.
Law Points
- Unauthorized construction
- Building definition
- Municipal jurisdiction
- Demolition order
- Section 184 Goa Municipalities Act 1968
- Natural justice
- Appellate Tribunal
