16 April 2024 Property Law >> Personal Law   |   Property/Real Estate Law >> Property & Real Estate  

A court in Goa has ordered the demolition of an illegally constructed house and shops in Arpora Nagoa. The ruling comes after a petitioner challenged an order by the Additional Director of Panchayats (DOP) that allowed the regularization of the house, despite it being built on agricultural land without proper licenses.

The dispute arose when the Village Panchayat of Arpora Nagoa issued demolition orders for both a house and shops built on a plot of agricultural land (Survey No. 28/16) The landowner had not followed proper procedure or obtained necessary licenses before construction. Despite the demolition orders, the landowner appealed to the DOP, who surprisingly allowed the house structure to be regularized.

The petitioner, however, disagreed with this decision and filed a writ petition challenging the DOP's order. The court, after examining the case, ruled in favor of the petitioner. The key points highlighted by the court were:

• Illegal constructions cannot be regularized without proper licenses and approvals. The court emphasized that bypassing procedures and building without licenses renders the structures illegal. Regularization cannot be granted in such cases.
• Panchayat lacks the authority to regularize illegal structures. The court clarified that the Panchayat's role is to enforce regulations, not bypass them.
• Courts have the power to intervene and uphold legal procedures. The court asserted its authority to intervene in cases where authorities fail to follow proper procedures.
• Authorities must follow proper investigation procedures for complaints. The court directed the police to complete their investigation into a complaint regarding the illegal filling of the land.

The court's final order mandated the following:

• The demolition of both the house and shops within a one-month timeframe.
• The recovery of demolition costs from the person who built the illegal structures.
• Completion of the investigation into the illegal filling of the land.
• Prosecution of the responsible person for violating town and country planning laws by filling the low-lying land without permission.

This case serves as a reminder that following proper procedures for construction is crucial. It also highlights the role of courts in upholding the law and ensuring that authorities act within their designated powers.