23 April 2024 Administrative Law >> Constitution & Law Procedure   |   Property/Real Estate Law >> Property & Real Estate  

In a recent construction permit dispute, the Goa High Court provided further clarity on the proper channels for challenging decisions by local authorities.

The case involved a rejected building license application. The applicant, Mr. Parulekar, had initially received approval with the condition of clearance from the landowner (Communidade). However, the Village Panchayat ultimately denied the license.

Mr. Parulekar appealed this decision to the Director of Panchayats under Section 66(7) of the relevant act. This section allows appeals for certain "orders of direction or notice" issued by Panchayats.

The High Court, however, ruled that Section 66(7) did not apply in this scenario. This provision is meant for situations where a previously granted license is revoked or actions like stop-work orders are issued.

The Court pointed out that Mr. Parulekar should have appealed under Section 201-A, which deals with miscellaneous matters not covered elsewhere. Panchayat rejections of license applications fall under this category. The proper course of action would have been to appeal to the Block Development Officer.

While the Court acknowledged arguments raised by Mr. Parulekar's lawyer regarding the plot allotment, these were deemed irrelevant to the specific issue of the denied license application.

The Court's decision highlights the importance of understanding the appropriate legal channels for challenging decisions by local authorities. Using the wrong provision, as in this case, can lead to dismissed appeals and delays in resolving disputes.