Case Note & Summary
The petitioners, legal heirs of Smt. Maria Quiteria Rodrigues, filed a writ petition challenging a demolition order dated 30th June 2017 passed by the Village Panchayat of Assagao, Goa, directing demolition of a structure allegedly constructed without permission. The petitioners claimed that they were the owners/occupiers of the structure and that the Panchayat passed the order without issuing any notice or affording them an opportunity of hearing, in violation of principles of natural justice. The petitioners had earlier filed a revision before the District Judge, FTC, North Goa, which was dismissed on 18th October 2017 on the ground that the revision was not maintainable as the order was not passed under Section 135 of the Goa Panchayat Raj Act, 1994. The High Court heard the matter and observed that the demolition order was passed without any notice or hearing, which is a fundamental flaw. The court held that the order was a nullity and set it aside. The court also noted that the District Judge erred in dismissing the revision as not maintainable, but since the order was already set aside, no further remand was necessary. The matter was remanded to the Village Panchayat for fresh consideration after giving an opportunity of hearing to the petitioners. The court directed the Panchayat to pass a reasoned order within three months. The writ petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Right to Hearing - Demolition Order - Section 135 Goa Panchayat Raj Act, 1994 - The Village Panchayat passed a demolition order without issuing any notice or providing an opportunity of hearing to the petitioners, who were the owners/occupiers of the structure. The court held that such an order is a nullity as it violates the principles of natural justice. The order was set aside and the matter remanded to the Panchayat for fresh consideration after hearing the petitioners. (Paras 1-9) B) Civil Procedure - Revision - Maintainability - Limitation - Condonation of Delay - The petitioners filed a revision before the District Judge against the demolition order, which was dismissed as not maintainable on the ground that the order was not passed under Section 135 of the Goa Panchayat Raj Act, 1994. The High Court held that the revision was maintainable and the District Judge erred in dismissing it on that ground. However, since the order was passed without hearing, the court did not remand the revision but set aside the demolition order directly. (Paras 5-8) C) Panchayat Law - Demolition - Section 135 Goa Panchayat Raj Act, 1994 - Speaking Order - The Panchayat's demolition order was a non-speaking order and did not comply with the requirements of Section 135. The court emphasized that any order affecting rights must be a reasoned order passed after hearing the affected parties. (Paras 4-6)
Issue of Consideration
Whether the demolition order passed by the Village Panchayat without affording an opportunity of hearing to the petitioners is sustainable in law, and whether the revision filed before the District Judge was maintainable and decided correctly.
Final Decision
The writ petition is allowed. The demolition order dated 30th June 2017 passed by the Village Panchayat of Assagao is quashed and set aside. The matter is remanded to the Village Panchayat for fresh consideration after affording an opportunity of hearing to the petitioners. The Panchayat shall pass a reasoned order within three months. No order as to costs.
Law Points
- Natural justice
- right to hearing
- demolition order
- Section 135 Goa Panchayat Raj Act
- 1994
- writ jurisdiction
- revision before District Judge
- limitation period
- condonation of delay
- maintainability of revision
- speaking order
- reasoned decision
