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VALMIKI SA MENEZES
Martina Fernandes – Appellant
Versus
Rajanikant Vijaynath Keni Robollow (deceased), Maya Keni Robollo – Respondent
JUDGMENT :
Valmiki Sa Menezes, J. - Rule is made returnable forthwith, with the consent of the learned counsel for the parties same is disposed of finally.
2. This is a petition under Article 227 of the Constitution of India seeking to challenge Judgment dated 24/07/2020 passed by the District Court, South Goa, in Criminal Revision Application No. 23/2018, Judgment dated 12/03/2018 passed by the Additional Director of Panchayat in Appeal No. MAR-I/109/2013, MAR-I/111/2013, MAR- I/112/2013, MAR-I/113/2013, MAR-I/114/2013, and demolition order dated 02/08/2013 issued by the Village Panchayat of Ambaulim, Quepem, Goa.
By the order dated 02/08/2013 the Panchayat directed the demolition of 5 structures standing in the land bearing Survey No. 122/1 and 124/59 of village Ambaulim. These five structures are the subject matter of this Petition.
3. The facts that have led to the filing of this petition are stated herein under:
Illegal constructions cannot be regularized without proper permissions, and claims of natural justice violations are unfounded if structures are deemed illegal.
The court reaffirmed that unauthorized constructions cannot be regularized and emphasized enforcement of demolition orders under the Goa Panchayat Raj Act.
The court established that unauthorized constructions in eco-sensitive areas cannot be regularized post facto, and the right to seek regularization is not available to those who violate planning laws....
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.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
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