M. S. SONAK, VALMIKI SA MENEZES
Pradip Prabhakar Volvoikar – Appellant
Versus
Corporation of The City of Panaji – Respondent
JUDGMENT :
Heard Mr. Shivraj Gaonkar for the petitioner, Mr. Somnath Karpe for respondent no.1 - Corporation of the City of Panaji (CCP), Ms. S. Bangera for respondents no.2 and 3, Mr. Gaurang Panandikar for respondents no.4 and 5 and Mr. Shubham Priolkar, learned AGA for the State.
2. This petition is an abuse of the judicial process and has been instituted by the brothers and sons of the second and third respondents, who have suffered a demolition order from the CCP and further gave undertakings to this Court that they would demolish the structures in question within a time-bound schedule. After the demolitions were partially carried out, the present petitioners, after having unsuccessfully challenged the orders made by this Court before the Hon'ble Supreme Court, have instituted this petition to stall the demolition process which is undertaken. The petition is replete with false contentions and suppressions.
3. The fourth and fifth respondents (complainants) complained to the CCP about the patently illegal constructions by Shailesh and his mother (second and third respondents). The complainants pursued the matter with the CCP because, initially, no action was taken on their complai
Breach of undertakings given to the court undermines judicial authority, leading to dismissal of petitions aimed at stalling enforcement of demolition orders.
Illegal construction on government land without ownership or permission does not entitle the petitioners to challenge the Corporation's action. The Corporation's offer of alternative accommodation ma....
The duty of the municipal authority to ensure prompt demolition of unauthorized constructions and the precedence of the order of a higher court over that of a subordinate court.
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
The court established that the absence of valid construction permissions renders any structure illegal, and mere tax assessments do not confer legality upon unauthorized constructions.
A structure without a sanctioned plan is unauthorized, irrespective of its age; such constructions cannot gain legality from their longevity.
The court affirmed that opportunities in legal proceedings must be utilized effectively, and failure to substantiate property claims does not invalidate administrative actions under Article 226.
The court emphasized the necessity of proper notice and adherence to procedural safeguards in administrative actions affecting property rights, ruling the demolition illegal due to failure to follow ....
The court reaffirmed the principle that unauthorized constructions threaten public safety, necessitating swift enforcement of demolition orders under local municipal law.
The court ruled that demolition orders must follow due process and should only be executed if significant public interest is at stake, emphasizing the right to appeal.
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