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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT GOA
M.S. Sonak, Bharat P. Deshpande, JJ.
Corvus Urban Infrastructure LLP – Appellant
Versus
State Of Goa & Ors. – Respondents
Writ Petition No. 271 of 2022
Decided On : 07-09-2022
Natural Justice - Revocation of Technical Clearance - Goa Panchayat Raj Act, 1994 - Violation of principles of natural justice in passing the impugned orders - The impugned order dated 30/11/2021 is violative of principles of natural justice and needs to be quashed and set aside. The subsequent orders/correspondence dated 01.12.2021 and order dated 07.01.2022 are also required to be quashed and set aside.
Fact of the Case:
The petitioner challenged the revocation of Technical Clearance and consequential orders passed by various authorities without affording any opportunity to be heard. The petitioner purchased a property and carried out repairs and renovations in accordance with approved plans and permissions obtained by the previous owner. The authorities revoked the permissions without giving any opportunity to the petitioner to explain.
Finding of the Court:
The impugned order and subsequent orders were passed without following principles of natural justice, affecting the civil rights of the petitioner. The court observed that the actions of the authorities were violative of principles of natural justice and ordered the quashing and setting aside of the impugned orders and correspondence.
Issues: Violation of principles of natural justice, revocation of Technical Clearance without affording an opportunity to be heard, and the legality of subsequent orders and correspondence.
Ratio Decidendi: Non-observance of the principles of natural justice is itself prejudice to any man and proof of prejudice independently of the proof of denial of principles of natural justice is unnecessary. Minimum expectation from authorities before taking any coercive action is to give an opportunity to the party concerned to put up his defense. The impugned orders were violative of principles of natural justice and affected the civil rights of the petitioner.
Final Decision: The impugned order dated 30/11/2021 and subsequent orders/correspondence dated 01.12.2021 and order dated 07.01.2022 were quashed and set aside. Rule made absolute in terms of prayer clauses (a), (b), and (c). No order as to costs.
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 dated 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 dated 02.12.2021(Exhibit 'E'), order dated 10.02.2022 passed by Village Panchayat SE-Old Goa under Section 66(4) of Goa Panchayat Raj Act, 1994 (Exhibit 'F'), letter dated 07.01.2022 issued by Assistant Engineer, Sub-Division-I (O & M), Corlim, intimating for disconnection of installation of electricity connection to the structure (Exhibit 'G'), which are the fallouts of order dated 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 dated 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 dated 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 dated 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 dated 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 dated 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 dated 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 & 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 dated 30/11/2021 is perverse. In this respect he points out the observations of respondent no.2 with regard to the demarcation of the pl
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