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IN THE HIGH COURT OF BOMBAY AT GOA
M.S.SONAK, VALMIKI MENEZES
Vincent Fernandes, Son of Late Caetano Maria Fernandes, Represented through his Power of Attorney Holder, Mr. Melwin Fernandes – Appellant
Versus
State of Goa, Through its Chief Secretary – Respondent
JUDGMENT :
Valmiki Menezes, J.
1. Heard the learned Counsel for the parties.
2. Rule. With the consent of the learned Counsel for the parties, the petition is disposed of finally.
3. By this petition, the petitioner seeks a writ of certiorari to quash an order dated 25.07.2023 passed by the Additional Director of Panchayats (DOP), Panaji, Goa in Case No.ADP-II/P.A.104/2014, exercising powers under Section 66 (7) of the Goa Panchayat Raj Act (The Panchayat Act); by the impugned order the DOP has allowed an appeal filed by Respondent No.3, against an order of demolition of a house structure, and granted him liberty to apply for necessary permissions on the Competent Authority for regularisation of the illegal construction. A further relief has been sought in this petition for a mandamus to be issued to the Panchayat to demolish the illegal structures under the two demolition orders issued against Respondent No.3, with a further relief to direct the Senior Town Planner to take action against the Respondent No.3 in terms of Section 17A of the Town & Country Planning Act for ensuring the mud/filling done by Respondent No.3 in the low lying agricultural field be removed, and the field resto
The court reaffirmed that unauthorized constructions cannot be regularized and emphasized enforcement of demolition orders under the Goa Panchayat Raj Act.
Illegal constructions cannot be regularized without proper permissions, and claims of natural justice violations are unfounded if structures are deemed illegal.
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.
Enforcement of final demolition order for unauthorized construction and expeditious action by the Panchayat.
The court emphasized that demolition orders under the West Bengal Panchayat Act must come from authorized bodies, prohibiting post facto sanctions for unauthorized constructions.
Illegal construction – Demolition of - Executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies o....
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
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