Case Note & Summary
The judgment pertains to a batch of writ petitions filed by residents of Katem, Baina, Mormugao-Goa, challenging the demolition of their structures by the authorities under Section 53A of the Town and Country Planning Act, 1966. The petitioners claimed that they had been in possession of the land for decades and had constructed houses, but the authorities demolished them without notice. The respondents, including the State of Goa and the Town and Country Planning Board, contended that the land was government property and the structures were unauthorized. The court examined the material on record, including a survey report, and found that the petitioners failed to produce any title documents or proof of lawful possession. The court held that the demolition was validly carried out under Section 53A, which provides for summary removal of unauthorized constructions. The court also noted that the petitioners had not challenged the survey report or the findings of the authorities. Consequently, the writ petitions were dismissed, and the demolition was upheld.
Headnote
A) Town Planning - Unauthorized Construction - Section 53A of the Town and Country Planning Act, 1966 - Summary Demolition - The court examined whether the demolition of structures erected on government land without authorization was valid. The petitioners failed to produce any title documents or proof of lawful possession. The court held that the authorities were justified in invoking Section 53A for summary removal of illegal constructions. (Paras 1-10) B) Evidence - Burden of Proof - Title and Possession - The petitioners claimed long possession but did not provide any documentary evidence of title or permission from the government. The court held that the burden to prove lawful possession lies on the claimant, and in absence of such proof, the demolition cannot be faulted. (Paras 5-8) C) Writ Jurisdiction - Scope of Interference - The court reiterated that in writ proceedings, it does not re-appreciate evidence or interfere with findings of fact unless perverse or based on no evidence. The demolition was based on a survey and report, and no illegality was shown. (Paras 9-10)
Issue of Consideration
Whether the demolition of structures by the authorities under Section 53A of the Town and Country Planning Act, 1966, was lawful and whether the petitioners had any legal right over the land.
Final Decision
The High Court dismissed all writ petitions, upholding the demolition of the structures as valid under Section 53A of the Town and Country Planning Act, 1966.
Law Points
- Section 53A of the Town and Country Planning Act
- 1966
- provides for summary demolition of unauthorized constructions
- burden of proof of title and lawful possession lies on the person claiming right over the property
- writ court does not ordinarily interfere with findings of fact based on material on record.
