Case Note & Summary
The petitioner, Shri Sylvestre D'Souza, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 15/02/2012 passed by the Goa Coastal Zone Management Authority (respondent no.1). The order directed the petitioner to remove all 18 rooms constructed on his property. The petitioner contended that the order was arbitrary, perverse, unreasonable, illegal, without jurisdiction, and in violation of principles of natural justice. He argued that the sub-committee meeting that passed the order had only 4 members, whereas an order dated 19/05/2011 required at least 5 members to be present for meetings concerning cases where the High Court had given directions. The petitioner also claimed that various structures existed on the property surveyed under No.242/1, and that he had obtained possession from Luis Santo Pires on 13/11/1984, who permitted him to build structures on 1550 sq.mts. for residence and development, and to draw water from the well. Luis Santo Pires had also given no objection to rebuild the store room and water tank, and to transfer house tax in the petitioner's name. The court examined the issue of quorum and found that the meeting was conducted with only 4 members, violating the requirement of 5 members. The court held that the impugned order was invalid due to lack of quorum and violation of natural justice. The court quashed the order and allowed the petition.
Headnote
A) Administrative Law - Quorum - Requirement of Minimum Members - The order passed by a sub-committee of the Goa Coastal Zone Management Authority directing removal of 18 rooms was invalid as the meeting had only 4 members, contrary to the order dated 19/05/2011 which required at least 5 members for meetings pertaining to cases where directions had been given by the High Court. (Paras 1, 2) B) Natural Justice - Violation of Principles - The impugned order was passed without affording the petitioner an opportunity of hearing, in violation of principles of natural justice. (Para 1) C) Coastal Regulation Zone - Demolition Order - The Authority's order to remove 18 rooms was arbitrary, perverse, unreasonable, illegal, and without jurisdiction. (Para 1)
Issue of Consideration
Whether the order dated 15/02/2012 passed by the Goa Coastal Zone Management Authority directing removal of 18 rooms was valid when the sub-committee meeting had only 4 members instead of the required 5, and whether the order violated principles of natural justice.
Final Decision
The impugned order dated 15/02/2012 is quashed and set aside. The writ petition is allowed.
Law Points
- Natural justice
- Quorum requirement
- Coastal Regulation Zone
- Demolition order
- Violation of principles of natural justice
