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2022 Supreme(Bom) 1258
IN THE HIGH COURT OF JUDICATURE AT BOMBAY GOA BENCH
Sadhana S. Jadhav, Manish Pitale, JJ.
Vivek G. N. Panvelcar - Appellant
Versus
State Of Goa, Thr. Its Chief Secretary & Ors. - Respondents
Writ Petition No. 2732 of 2021 (Filing)
Decided On : 11-01-2022
Abhay Nachinolcar, Advocate, Pravin Faldessai, Advocate, P A. Kamat, Advocate
Authorities must adhere to circulars providing guidelines for addressing illegal constructions and ensure compliance with Stop Work Orders.
Headnote:
Illegal Construction - Direction to Respondents - Circular dated 10/07/2000, Circular dated 7th November, 1996 - The judgment discussed the circulars issued by the Director of Panchayats and the Deputy Collector's Stop Work Order, providing guidelines for authorities to act in the matter of illegal constructions and ensuring compliance with the Stop Work Order.
Fact of the Case:
The petitioner sought a direction to take action against illegal construction by respondent No.5. The Village Panchayat and Deputy Collector had initiated actions, and the petitioner alleged that illegal construction was still ongoing despite a Stop Work Order.
Finding of the Court:
The court directed the Village Panchayat to conduct an inspection, take action in accordance with circulars, and ensure compliance with the Stop Work Order. The Deputy Collector was also directed to ensure future compliance with the Stop Work Order.
Issues: Illegal construction, compliance with Stop Work Order, action by Village Panchayat and Deputy Collector.
Ratio Decidendi: The court emphasized the need for authorities to follow the circulars providing guidelines for addressing illegal constructions and ensuring compliance with Stop Work Orders.
Final Decision: The Writ Petition was disposed of with directions to the Village Panchayat and Deputy Collector.
JUDGMENT
1. By this Writ Petition the petitioner is seeking a direction to the respondent Nos.2 to 4 to take action against illegal construction allegedly being carried out by the respondent No.5 in Survey No. 73/2 of Village Taleigao.
2. The grievance of the petitioner is that although, according to him, the respondent No.5 is blatantly violating the terms of the order dated 30/01/2021 whereby the respondent No.4 Panchayat had permitted the respondent No.5 to carry out minor repairs and that illegal construction is being undertaken, no action is forthcoming from the respondent Nos.2 to 4, including the respondent No.4-Village Panchayat.
3. The respondent No.4 Village Panchayat has filed an affidavit of its Secretary stating that it is willing to take inspection of the structure and to take further action in accordance with law. In fact, in paragraphs No. 6 and 7 of the said affidavit, it is stated as follows:
'6.I say that there house of respondent no. 5 found to be closed while Serving notice and unless petitioner remains present during inspection alongwith the area owned by him, the verification of illegal construction will not be possible. Hence fresh notice of inspection has been issued and the inspection is fixed on Tuesday, 18/01/2022 at 11 am and the petitioner needs to remain present.
7. I say that after conducting inspection, I will have to place the same before the panchayat and if the construction is found to be illegal, than Panchayat will have to issue show cause notice to respondent no.5 giving minimum 15 days time to file reply. Once reply is received, the same has to be placed before the panchayat and than decision has to be taken.'
4. It is also brought to the notice of this Court that the respondent No.3 Deputy Collector has also initiated action on a complaint that there has been illegal conversion in the present case. It is brought to our notice that pursuant to such action being initiated by the respondent No.3, an order dated 02/07/2021 has been passed by the respondent No.3, which is a Stop Work Order concerning the said structure.
5. The learned Counsel appearing for the petitioner sought to raise a grievance that despite the Stop Work Order dated 02/07/2021, the respondent No.5 is undertaking illegal construction at the site. In response Mr. P. Faldessai, learned additional Government advocate appearing for the respondent No.3 makes a statement that police force was sent at the site and it was ensured that no further construction work was undertaken in view of the Stop Work Order dated 02/07/2021.
6. We are of the opinion that the Writ Petition can be disposed of by giving appropriate directions, as follows :
a) The respondent No.4Panchayat shall conduct inspection of the site as stated in the above quoted paragraph No.6 of its affidavit on 18/01/2022 at 11.00 a.m. The petitioner shall remain present at the time of such inspection. The Village Panchayat shall ensure that the respondent No.5 is informed in accordance with law as regards the proposed inspection.
b) The respondent No.4Panchayat shall further take action in the matter in terms of circular dated 10/07/2000 issued by the Director of Panchayats, which has been quoted with approval in judgment of this Court in Nazar Da Silva and another v/s. State of Goa and others reported in 2000(2) Goa L.T.168. For convenience the relevant portion of the said judgment is quoted below:
'4. In terms of Circular dated 10th July, 2000, the Director of Panchayats, respondent no.2, has issued directiosn which are set out hereunder:-
1. The Panchayat shall maintain the register of all the complaints of illegal constructions indicating therein the date of the receipt of the complaint, name and address of the complainant, name and address of th e person doing illegal onstruction, nature of construction, occasion of construction, action taken.
2. The complaint shall be acknowledged within two days.
3. Immediately, on receipt of the complaint, site inspection be carried out to ver
