Case Note & Summary
The petitioners, Raul Aires Fernandes and John Aires Fernandes, filed a writ petition challenging a demolition notice dated 30 March 2016 issued by the Corporation of the City of Panaji (respondent no.2) under Section 246 of the Goa Municipalities Act, 1968, and a subsequent order dated 8 April 2016 directing demolition of an alleged unauthorized additional floor constructed on their property. The petitioners contended that the notice was issued without any show cause notice or opportunity of hearing, violating principles of natural justice. They also argued that the construction was in accordance with sanctioned plans and that the property was not in a heritage precinct as alleged. The respondents, including the State of Goa, the Corporation, the North Goa Planning and Development Authority, the Chief Town Planner, and private respondents (Barnabe Sapeco and Ketak Nachinolkar), opposed the petition, claiming the additional floor was unauthorized and violated the Regional Plan 2021 and conservation regulations. The court examined the facts and found that the demolition notice was issued without any prior hearing or show cause notice, and the order was passed without giving the petitioners an opportunity to be heard. The court held that even if the construction is unauthorized, the principles of natural justice must be followed before ordering demolition. Consequently, the court quashed the impugned notice and order, but granted liberty to the Corporation to initiate fresh proceedings in accordance with law after giving the petitioners a reasonable opportunity of hearing. The court also directed the petitioners to maintain status quo for four weeks to enable the Corporation to take appropriate steps.
Headnote
A) Constitutional Law - Principles of Natural Justice - Right to be Heard - Demolition Notice - The impugned notice and order for demolition of alleged unauthorized construction were quashed as they were issued without any show cause notice or opportunity of hearing to the petitioners, violating principles of natural justice. The court held that even if the construction is unauthorized, the authority must comply with natural justice before ordering demolition. (Paras 10-12) B) Municipal Law - Unauthorized Construction - Section 246 of Goa Municipalities Act, 1968 - The Corporation of the City of Panaji issued a demolition notice under Section 246 for alleged unauthorized construction of an additional floor. The court noted that the notice did not specify the exact nature of violation and was issued without prior hearing. (Paras 4-6) C) Town Planning - Regional Plan 2021 - Conservation Committee - Heritage Precinct - The property falls within a Heritage Precinct as per Regional Plan 2021, and the Conservation Committee had not granted any permission for the additional floor. However, the demolition order was set aside for procedural lapses. (Paras 7-9)
Issue of Consideration
Whether the impugned demolition notice and order passed by the Corporation of the City of Panaji without affording an opportunity of hearing to the petitioners is sustainable in law.
Final Decision
The court allowed the writ petition, quashing the impugned demolition notice dated 30 March 2016 and order dated 8 April 2016. The court granted liberty to the Corporation to initiate fresh proceedings in accordance with law after giving the petitioners a reasonable opportunity of hearing. The petitioners were directed to maintain status quo for four weeks to enable the Corporation to take appropriate steps.
Law Points
- Principles of Natural Justice
- Right to be Heard
- Demolition of Unauthorized Construction
- Section 246 of Goa Municipalities Act
- 1968
- Section 44 of Goa Town and Country Planning Act
- 1974
- Regional Plan 2021
- Conservation Committee
- Heritage Precinct
- Show Cause Notice
- Opportunity of Hearing
