IMPORTANT POINT
Members of committees like the Conservation Committee must disclose any direct or indirect interest in proposals and abstain from participation in discussions regarding such proposals to avoid conflicts of interest, as mandated by the regulations.

JUDGMENT/ORDER

M.S.SONAK, J. - Heard Mr Rohit Bras De Sa, learned counsel for the Petitioners, Mr D. Pangam, learned Advocate General along with Mr Manish Salkar, learned Government Advocate for Respondent Nos. 1 to 3 and Mr Nigel Da Costa Frias, learned counsel for Respondent No.4.

2. The Petitioners, by instituting this petition, had sought a writ of quo warranto or, in any case, a declaration that Respondent No.4 stood disqualified to continue as a member of the Conservation Committee constituted under the Goa (Regulation of Land Development and Building Construction) Act, 2008 ( the said Act ) and the Regulations made thereunder ( the said Regulations).

3. The Goa (Regulation of Land Development and Building Construction ) Act, 2008, was enacted to provide for the regulation and control on building construction and land development in the State of Goa and other incidental and ancillary matters connected therewith. Sec. 4 of the said Act provides that the Government may by notification in the Official Gazette frame regulations not inconsistent with the provisions of the said Act, for carrying out the provisions of the said Act by following the procedure specified under Ss. 5, 6, and 7 of the said Act.

4. In the exercise of powers conferred by Sec. 4 of the said Act, and all other powers enabling it on this behalf, the Government of Goa has made the Goa Land Development and Building Construction Regulations, 2010, and published the same in the Official Gazette.

5. Annexure -IX appended to and forming part of the said Regulations is concerned with the Regulation for Conservation. Detailed provisions have been made to regulate the construction and development in the conservation zone. This Annexure, inter alia provides the constitution and composition of the Conservation Committee.

6. The Regulations also provide for the conduct of the proceedings of the Conservation Committee. Clause (5) inter alia provides for special powers vested in this Committee, term of office and tenure of members, and several other aspects relating to the conduct of proceedings of the Conservation Committee.

7. Sub-clause (n) of clause (5) referred to above is concerned with the disqualification of Member/Barring of Member from proceedings. Since the same is relevant to the issue raised in this petition, the same is transcribed below for the convenience of reference.

"(n) Disqualification of Member/Barring of member from proceedings: -A member shall cease to be member of the Committee if he-

i) is declared to be of unsound mind by a competent Court; or

ii) is adjudged insolvent; or iii) has been convicted by any Court in India of any offence, and sentenced to imprisonment for not less than two years; or iv) is absent without the permission of the Committee in writing from three consecutive meetings thereof or from all the meetings of the Committee for six consecutive meetings;

v) A member, who is directly or indirectly concerned or interested in any proposal before the Committee, or is professionally interested on behalf of a principal or other person in any manner concerning the Committee, or is engaged at the time in any proceedings against the Committee, shall at the earliest possible opportunity, disclose the nature of his interest to the Committee and the disclosure shall be recorded in the minutes of the Committee. The said member shall not be present at any meeting of the Committee when such a proposal is discussed, unless his presence is required by the other members for purpose of eliciting information, but no member so required to be present shall vote on such proposal."

8. The Petitioners have alleged that Respondent No.4, being a member of the Conservation Committee, participated in the proceedings of the Conservation Committee held on 26/8/2013, where the proposal of addition/alteration to the existing structure in the property bearing Chalta No.178 and 179 of P. T. Sheet No.45 at Panaji by Mr Barnabe Sapeco (File No. 27/15-3/728/TCP/2013/4082 dtd.