Enforcement of final demolition order for unauthorized construction and expeditious action by the Panchayat.

JUDGMENT

M S Sonak, J. - Heard the learned Counsel for the parties.

2. The Panchayat, in this case, issued a demolition order dated 18/11/2013 in the matter of certain illegal construction put up by Respondent No.5.

3. Respondent No.5 took out proceedings, questioning this demolition order before the authorities under the Goa Panchayat Raj Act, 1994. After such proceedings failed, the Petitioner applied for regularisation of the structure. Till date, there is no order for regularisation of the structure.

4. The District Judge-4, South Goa at Margao whilst allowing the Civil Revision Application No.41/2018 instituted by the Petitioner, had made the following order :

"ORDER

(A) The Civil Revision Application is allowed.

(B) The impugned Judgment and Order dated 02.05.2018 passed by the Ld. Addl. Director of Panchayats-lII, Margao In Panchayat Appeal No. MAR-I/78/2013 is modified in the following terms:

(i) The respondent no.2 is given an opportunity to get his unauthorized construction regularized within a period of 3 (three) months from today, if such regularization is permissible.

(ii) In case the respondent no.2 does not avail the opportunity within the said period or the unauthorized

construction is not regularized by the competent authority, the respondent no.1/Village Panchayat of Betalbatim shall demolish the unauthorized/illegal construction in accordance with the demolition order/notice dated 18.11.2013.

Pronounced in the Open Court."

5. From the aforesaid it is clear that if Respondent No.5 were not to avail the opportunity of regularisation, or if the competent authority were not to regularise the unathorised structure, then, the Village Panchayat of Betalbatim was obliged to demolish the unauthorized/illegal construction in accordance with the demolition order/notice dated 18.11.2013.

6. The Panchayat, instead of complying with the aforesaid order dated 10/4/2019 made by the learned District Judge, issued yet another notice dated 13/8/2019, requiring the parties to once again show-cause as to why the demolition order dated 18/11/2013 should not be executed. According to us, such a notice was totally unnecessary and issuance of such a notice unnecessarily gave the party who had put up an illegal and unauthorised construction, an opportunity to take out fresh set of proceedings before the Additional Director of Panchayats.

7. Now, the proceedings before the Additional Director of Panchayats have also been disposed of since, the Additional Director of Panchayats has held that no appeal lies against such a notice.

8. This means that, the demolition notice dated 18/11/2013 has attained finality and, in terms of the order of the learned District Judge, the Panchayat was duty bound to enforce the same as expeditiously as possible.

9. Today, Mr. Byron Rodrigues, the learned Counsel for the Panchayat states that the Panchayat will enforce the demolition order dated 18/11/2013 as expeditiously as possible and, in any case, within 4 weeks from today. This statement is accepted and the Panchayat is directed to act accordingly. If the Panchayat requires any assistance from the State Authorities for effecting the demolition, the State Authorities to extend such assistance.

10. At this stage, it is pointed out that in relation to the entire structure, there are proceedings pending before the Deputy Director of Panchayats, South Goa, Margao bearing Case No.DDPS/illegal- Const/02/2015/329. Mr. D'Souza submits that the proceedings before the Deputy Director of Panchayats relate only to the extension which was subject-matter of the demolition order dated 18/11/2013. If the proceedings are pending, then the Deputy Director of Panchayats to dispose of the same, on their own merits and in accordance with law, as expeditiously as possible and, in any case, within four months from today. However, we make it clear that the proceedings before the Deputy Director of Panchayats cannot be used by any of the parties to stall the execution of the demolition order