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2013 Supreme(Bom) 394

In the High Court of Bombay at Goa
F.M. REIS, J.
Mrs. Celina Almeida
Versus
Minister of Urban Development, State of Goa, with office at Secretariat & Others
Writ Petition No. 293 of 2007
Decided On : 19-02-2013

Advocate Appeared:
For the Petitioner:J.E. Coelho Pereira, Senior Advocate with Somnath Karpe, Advocate.
For the Respondent:R1, S. Dhargalkar, Additional Government Advocate, R2, A.F. Diniz, R3, V.P. Thali, Advocates.

Headnote:City of Panaji Corporation Act, 2002 - Section 358 - Disposal of appeal.

       Since appeal disposed of by Minister of Urban Development without complying with principles of natural justice hence judgment passed in appeal not sustainable. - It is now well-settled by the judgments of the Apex Court reported in 2011 (2) SCC 258 : 2011 All SCR 260 in the case of Automotive Tyre Manufacturers Association v. Designated Authority and others, and 2009 (14) SCC 690 : 2010 All SCR 326 in the case of Prakash Ratan Sinha v. State of Bihar and others, that in cases in which the consequences of the disposal of the dispute by the authority constituted in the Act would result in the civil consequences, a party is entitled for an adequate hearing. The Apex Court has even given observation that the written submission is not a substitute to oral submissions as in the course of the oral submissions a party has an opportunity to seek for clarification or clear any doubt in the disposal of the dispute. The whole conduct of proceeding by the respondent No. 1 does not show the compliance with the principle of natural justice. It is pointed out by the senior counsel appearing for the petitioner that even the direction to file the written arguments were not given by the respondent No. 1 but by the Secretary who was at the relevant time in the office of the respondent No. 1. It is expected of the respondent No. 1 should realise that the appeal is heard in exercise of powers conferred on the respondent No. 1 by the statute and as such the authority is expected to comply with the rules of the natural justice. In the present case, the respondent No. 1 has acted in gross breach and in violation of principle of natural justice and consequently, on this ground alone the impugned judgment passed by the respondent No. 1 stands vitiated.

       

Judgment :

Heard Shri J. E. Coelho Pereira, learned Senior Counsel appearing for the petitioner, Shri A. F. Diniz, learned counsel appearing for the respondent no.2, Shri V. P. Thali, learned counsel appearing for the respondent no.3 and Shri S. Dhargalkar, learned Additional Government Advocate appearing for the respondent nos. 1 and 1(a).

2. The above petition seeks to quash the judgment passed by the respondent no.1 dated 29.05.2007 whereby the appeal preferred by the respondent no.3 was allowed and order passed in Revocation Order No.4/18/TS/2006-CCP/5098 dated 10.11.2006 was set aside.

3. Briefly, the facts of the case as required for disposing of the above Writ Petition are that the petitioner raised an objection to the permissions granted by the respondent no.2 in favour of the respondent no.3 in respect of the development sought to be carried out in the property allegedly belonging to the petitioner. After issuing a show cause notice, the respondent no.2 revoked the licences issued in favour of the respondent no.3. In terms of the provisions of the City of Corporation Act, an appeal came to be preferred by the respondent no.3 before the respondent no.1 which came to be allowed by the impugned judgment in the manner as stated herein above. Being dissatisfied in the manner in which the appeal as well as the merits of the appeal is disposed of, the petitioner has preferred the present Writ Petition.

4. Shri J. E. Coelho Pereira, learned Senior Counsel appearing for the petitioner has pointed out that on the earlier occasion this Court while disposing of the Writ Petition No.134 of 2007 by order dated 27.04.2007 had directed the respondent no.1 to dispose of the appeal preferred by the respondent no.3 after giving an opportunity to the petitioner to be heard in the matter. The learned Senior Counsel further pointed out that the respondent no.1 thereafter gave an opportunity to the petitioner to file a reply before the respondent no.1 raising different contentions in support of the order impugned in the said appeal filed by the respondent no.3. The matter according to the petitioner was thereafter posted for hearing/argument. On two occasions, when the petitioner along with her advocate were present, the matter was adjourned as the respondent no.1 was not available. On the subsequent date, the Secretary of the respondent no.1 informed the petitioner, respondent no.3 and the other parties to the appeal to file their written arguments. Accordingly, the written submissions came to be filed by the respective parties and the matter was posted for further hearing before the respondent no.1. But however, the respondent no.1 without even giving a hearing or holding a discussion in connection with the said appeal, the Secretary of the respondent no.1 informed the petitioner and the other parties and the respondent no.3 that the judgment would be communicated. The learned Senior Counsel further pointed out that the petitioner had filed written submission on 24.05.2010 and no further date was given on the said date. The learned Senior Counsel further pointed out that the petitioner was served with an advance copy of the rejoinder to the written arguments filed by the respondent no.3 and the petitioner was waiting to advance oral submissions in the said appeal. But however, the learned Senior Counsel has pointed out that on 30.05.2010 the petitioner received a copy of the caveat notice filed by the respondent no.3 inter-alia stating therein that the appeal was disposed of by the respondent no.1. The learned Senior Counsel further submits that the petitioner learnt thereafter that the matter came to be disposed of on 29.05.2010 only after the Secretary of the respondent no.1 telephonically informed about the disposal of the appeal on 31.05.2010. The learned Senior Counsel as such submits that the disposal of the appeal by the respondent no.1 is in breach of the principle of natural justice as according to him no adequate hearing was g
















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