Case Note & Summary
The petitioner, Luis Diago D'Souza, was allotted a beach shack under the Tourism Shack Policy 2016-19. Respondent No.3, Gabriel Fernandes, filed a complaint alleging that the petitioner violated Clause 2 of the policy. Based on this complaint, the Director of Tourism cancelled the petitioner's shack allotment by an order dated 31st January 2017. The petitioner challenged this cancellation before the High Court of Bombay at Goa. The court observed that the cancellation was made without issuing a show cause notice or granting an opportunity of hearing to the petitioner, which is a fundamental requirement of natural justice. Additionally, respondent No.3 had raised a new ground in his rejoinder that the petitioner was a Panch (elected member of the Village Panchayat) and thus disentitled to the allotment under the shack policy. The court noted that this aspect also needed to be considered by the authorities after giving proper notice and hearing. Consequently, the court set aside the impugned order and remitted the matter back to the Director of Tourism for fresh consideration, keeping all defences open. The court directed that the authorities shall issue a show cause notice, hear all parties, and pass a reasoned order in accordance with law.
Headnote
A) Administrative Law - Natural Justice - Cancellation of Shack Allotment - Tourism Shack Policy 2016-19 - The court held that cancellation of a shack allotment without issuing a specific show cause notice and granting an opportunity of hearing violates principles of natural justice. The matter was remitted to the authorities for fresh consideration after hearing all parties. (Paras 3-4)
Issue of Consideration
Whether the cancellation of shack allotment without issuing a show cause notice and granting an opportunity of hearing is sustainable in law.
Final Decision
The impugned order dated 31st January 2017 is set aside. The matter is remitted to the Director of Tourism for fresh consideration after issuing a show cause notice, hearing all parties, and passing a reasoned order. All defences are kept open.
Law Points
- Natural justice
- opportunity of hearing
- show cause notice
- shack policy
- cancellation of allotment
Case Details
2017 LawText (BOM) (02) 133
WRIT PETITION NO. 188 OF 2017
ANOOP V. MOHTA, NUTAN D. SARDESSAI
Mr. Shivan Desai, Mr. J. Ramaiya, Ms. P. Kholkar, Mr. C. Padgaonkar
The State of Goa, Director of Tourism, Gabriel Fernandes
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Nature of Litigation
Writ petition challenging cancellation of shack allotment.
Remedy Sought
Petitioner sought setting aside of the order dated 31st January 2017 cancelling his shack allotment.
Filing Reason
The petitioner's shack allotment was cancelled without issuing a show cause notice or granting an opportunity of hearing.
Previous Decisions
The Director of Tourism cancelled the shack allotment by order dated 31st January 2017.
Issues
Whether the cancellation of shack allotment without issuing a show cause notice and granting an opportunity of hearing is sustainable in law.
Submissions/Arguments
Petitioner argued that the cancellation was without proper notice and opportunity of hearing.
Respondent No.3 argued that the petitioner was a Panch and thus disentitled under the shack policy.
Ratio Decidendi
Cancellation of a shack allotment without issuing a show cause notice and granting an opportunity of hearing violates principles of natural justice. The matter must be remitted for fresh consideration after hearing all parties.
Judgment Excerpts
By keeping all defence open, we are inclined to interfere with the impugned Order dated 31st January, 2017, cancelling the shack allotment in favour of the petitioner...
This aspect of holding such office, making him disentitle for allotment of shack, needs to be considered by the concerned authorities. This includes giving specific show cause notice, charge and/or granting of opportunity to deal with the same and passing orders, after hearing the parties concerned.
Procedural History
The petitioner was allotted a shack under the Tourism Shack Policy 2016-19. Respondent No.3 filed a complaint alleging violation of Clause 2. The Director of Tourism cancelled the allotment on 31st January 2017. The petitioner filed the present writ petition challenging the cancellation.
Acts & Sections
- Tourism Shack Policy for erection of temporary seasonal structures, beach shacks, huts and others 2016-19: Clause 2
