Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.Sonak, Bharat P.Deshpande, JJ.
Corvus Urban Infrastructure LLP – Appellant
Versus
State Of Goa – Respondent
Writ Petition No. 271 of 2022
Decided On : 08-09-2022
Violation of Principles of Natural Justice - Technical Clearance - Sec. 66(4) of Goa Panchayat Raj Act, 1994 - [Sec. 66(4) of Goa Panchayat Raj Act, 1994] - The court found that the revocation of the Technical Clearance order without affording the petitioner an opportunity to be heard was a violation of principles of natural justice. The court also observed that the revocation order was based on erroneous observations and that the permissions were obtained in the name of the previous owner. The court held that the revocation order and consequential actions were arbitrary and illegal, and therefore quashed and set aside the impugned orders.
Fact of the Case:
The petitioner challenged the revocation of Technical Clearance and consequential orders passed by various authorities without affording an opportunity to be heard. The petitioner contended that the revocation was arbitrary and illegal, and the permissions were obtained in the name of the previous owner.
Finding of the Court:
The court found that the revocation of the Technical Clearance order without affording the petitioner an opportunity to be heard was a violation of principles of natural justice. The court also observed that the revocation order was based on erroneous observations and that the permissions were obtained in the name of the previous owner. The court held that the revocation order and consequential actions were arbitrary and illegal, and therefore quashed and set aside the impugned orders.
Issues: Violation of principles of natural justice, arbitrary and illegal revocation of Technical Clearance, erroneous observations by the authorities, permissions obtained in the name of the previous owner.
Ratio Decidendi: The revocation of the Technical Clearance order without affording the petitioner an opportunity to be heard was a violation of principles of natural justice. The revocation order and consequential actions were arbitrary and illegal. The permissions obtained in the name of the previous owner were not illegal. The court also observed that the revocation order was based on erroneous observations.
Final Decision: The court quashed and set aside the impugned orders, including the revocation of the Technical Clearance and consequential orders passed by various authorities.
JUDGMENT
BHARAT P.DESHPANDE, J. - Rule. Rule made returnable forthwith at the request and with the consent of the learned counsel for the parties.
2. The petitioner is challenging the order of revocation of Technical Clearance dtd. 30/11/2021(Exhibit 'D') passed by Deputy Town Planner/respondent no.2 herein on the premise that no show-cause notice or any hearing was afforded to him before passing such order.
3. The petitioner is also challenging the consequential orders passed by the Secretary/Sarpanch of Village Panchayat SE-Old Goa dtd. 2/12/2021(Exhibit 'E'), order dtd. 10/2/2022 passed by Village Panchayat SE-Old Goa under Sec. 66(4) of Goa Panchayat Raj Act, 1994 (Exhibit 'F'), letter dtd. 7/1/2022 issued by Assistant Engineer, Sub-Division-I (O and M), Corlim, intimating for disconnection of installation of electricity connection to the structure (Exhibit 'G'), which are the fallouts of order dtd. 30/11/2021 passed by respondent no.2.
4. The petitioner therefore prays as under:
a. That this Hon'ble Court be pleased to call for the records of order dtd. 30/11/2021 bearing reference no. T15/8482/ELLA/ TCP/2016-2021/2046 issued by Deputy Town Planner, office of Town and Country Planning Department, Government of Goa after examining the validity, legality, correctness and propriety of the same be pleased to quash and set aside the same;
b. That this Hon'ble Court be pleased to call for the records of order dtd. 02/12/2021 bearing reference no. T15/8482/ELLA/TCP/2021/205B issued by Deputy Town Planner Town and country Planning Department and after examining the validity, legality, correctness and propriety of the same be pleased to quash and set aside the same;
c. That this Hon'ble Court be pleased to call for the records of the letter dtd. 07/01/2022 bearing no.AE/SD.I/O &M/COR/21-22tECH-62(B)/2201 issued by Asst. Engineer Sub-Div-I (O&M), Corlim Electricity Department and after examining the validity, legality, correctness and propriety of the same be pleased to quash and set aside the same and restore the Electricity connection of the Petitioner;
d. Pending hearing and final disposal of the present Petition this Hon'ble Court be please to stay the effect and operation of the order dtd. 30/11/2021 bearing reference no. T15/8482/ELLA/TCP/2016-2021/2046 issued by Deputy Town Planner, office of Town and Country Planning Department, Government of Goa and stay order dtd. 02/12/2021 bearing reference no.TIS/8482/ELLA/TCP/2021/205B issued by Deputy Town Planner Town and country Planning Department;
e. Pending hearing and final disposal of the present Petition this Hon'ble Court be please to stay the letter dtd. 07/01/2022 bearing no.AE/SD.I/O&M/COR/21-22Tech-62(B)/2201 issued by Asst.Engineer Sub-Div- I (O&M), Corlim Electricity Department and further be please to direct the Respondent no. 4 and 5 to restore the electricity connection to the Petitioner house;
f. Ex-parte ad-interim relief in terms of prayer clause (d) &(e);
g. For such other and further Reliefs that this Hon' ble Court deems fit and proper in the facts and circumstances of the instant Case.'
5. Accordingly, the matter was taken up for final disposal at the admission stage itself.
6. Heard Mr. Dattaprasad D. Lawande, learned counsel for the petitioner and Mr. Devidas J. Pangam, learned Advocate General alongwith Ms. Maria Correia, learned Additional Government Advocate for the respondents no.1 to 5.
7. Learned Counsel Shri Lawande appearing for the petitioner strenuously urged that there is violation of principles of natural justice in passing the impugned orders as the petitioner was not given any opportunity or even a show-cause notice to appear and explain and, therefore, such action on the part of the officers of the State is arbitrary and illegal.
8. Shri Lawande, then pointed out that from the face of it, the impugned order dtd. 30/11/2021 is perverse. In this respect he points out the observations of respondent no.2 with regard to the demarcation of the plint
The impugned orders were violative of principles of natural justice, affecting the civil rights of the petitioner, and were therefore quashed and set aside.
The principles of natural justice, including the right to a fair hearing, must be observed in administrative proceedings under the U.P. Revenue Code, 2006, particularly regarding orders affecting pro....
Natural justice principles require a fair hearing before any order with civil consequences is made, as established in several Supreme Court decisions.
Point of Law : It is no doubt true that if there was any provision to be found in impugned Act which prevented the Wage Board from giving reasons for its decision, it might be construed to mean that ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
