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Judgment
By this Writ Petition the petitioner is seeking a direction to the respondent Nos.2 to 4 to take action against illegal construction allegedly being
carried out by the respondent No.5 in Survey No. 73/2 of Village Taleigao.
The grievance of the petitioner is that although, according to him, the respondent No.5 is blatantly violating the terms of the order dated 30/01/2021
whereby the respondent No.4 Panchayat had permitted the respondent No.5 to carry out minor repairs and that illegal construction is being
undertaken, no action is forthcoming from the respondent Nos.2 to 4, including the respondent No.4-Village Panchayat.
The respondent No.4 â€" Village Panchayat has filed an affidavit of its Secretary stating that it is willing to take inspection of the structure and to
take further action in accordance with law. In fact, in paragraphs No. 6 and 7 of the said Affidavit, it is stated as follows:
“6.I say that there house of respondent no. 5 found to be closed while Serving notice and unless petitioner remains present during inspection
alongwith the area owned by him, the verification of illegal construction will not be possible. Hence fresh notice of inspection has been issued and the
inspection is fixed on Tuesday, 18/01/2022 at 11 am and the petitioner needs to remain present.
I say that after conducting inspection, I will have to place the same before the panchayat and if the construction is found to be illegal, than
Panchayat will have to issue show cause notice to respondent no.5 giving minimum 15 days time to file reply. Once reply is received, the same has to
be placed before the panchayat and than decision has to be taken.â€
It is also brought to the notice of this Court that the respondent No.3 â€" Deputy Collector has also initiated action on a complaint that there has
been illegal conversion in the present case. It is brought to our notice that pursuant to such action being initiated by the respondent No.3, an order
dated 02/07/2021 has been passed by the respondent No.3, which is a Stop Work Order concerning the said structure.
The learned Counsel appearing for the petitioner sought to raise a grievance that despite the Stop Work Order dated 02/07/2021, the respondent
No.5 is undertaking illegal construction at the site. In response Mr. P. Faldessai, learned Additional Government Advocate appearing for the
respondent No.3 makes a statement that police force was sent at the site and it was ensured that no further construction work was undertaken in
view of the Stop Work Order dated 02/07/2021.
We are of the opinion that the Writ Petition can be disposed of by giving appropriate directions, as follows :
a) The respondent No.4â€"Panchayat shall conduct inspection of the site as stated in the above quoted paragraph No.6 of its affidavit on 18/01/2022
at 11.00 a.m. The petitioner shall remain present at the time of such inspection. The Village Panchayat shall ensure that the respondent No.5 is
informed in accordance with law as regards the proposed inspection.
b) The respondent No.4â€"Panchayat shall further take action in the matter in terms of circular dated 10/07/2000 issued by the Director of
Panchayats, which has been quoted with approval in judgment of this Court in Nazar Da Silva and another v/s. State of Goa and others reported in
2000(2) Goa L.T.168. For convenience the relevant portion of the said judgment is quoted below:
“4. In terms of Circular dated 10th July, 2000, the Director of Panchayats, respondent no.2, has issued directiosn which are set out hereunder:-
The Panchayat shall maintain the register of all the complaints of illegal constructions indicating therein the date of the receipt of the complaint,
name and address of the complainant, name and address of th e person doing illegal onstruction, nature of construction, occasion of construction,
action taken.
The complaint shall be acknowledged within two days.
Immediately, on receipt of the complaint, site inspection be carried out to verity the contents of the complaints with due notice to the parties.
In case Panchayat finds that the contents of the complaints are true, the Panchayat shall draw Panchanama and also the sketch giving the details of
the illegal construction such as length, breadth, height, nature of construction, location and also the date of commencement of construction.
The Sarpanch shall immediately issue the notice to the person doing illegal construction to stop the construction forthwith and simultaneously also
issue Show Cause Notice as to why the said construction should not be demolished.
On receipt of reply to Show Cause Notice, Sarpanch shall place the matter before the Panchayat body alongwith complaint, Panchanama, site
Inspection Report, reply of the party, etc., for appropriate decision. The Complainant may also be asked to furnish the documents to substantiate his
complaint.
In case, the Panchayat decides to demolish the illegal construction, the decision of the Panchayat shall be communicated to the affected person
directing him to demolish the illegal construction within a reasonable period (a time may be specified by the Panchayat depending upon the nature of
the construction).
In case the Panchayat decides not to demolish the construction, the decision of the Panchayat be communicated to the Complainant as well as to
the concerned person.
In case the person fails to demolish the illegal construction, the Panchayat shall request the Block Development Officer in the prescribed form for
requisitioning demolition squad.
As and when the demolition squad is provided, the Panchayat shall carry out the demolition.
Circular dated 7th November, 1996 has also been brought to our attention. That Circular indicates that the demolition squads have been set up for
each of the two Districts. To make the directions effective respondent no.1 is directed to issue direction to the demolition squad to demolish the
construction within two months of receipt of the letter for assistance. Till such directions are issued the demolition squads to demolish the construction
within two months of receipt of the letter for assistance. We so direct.
Considering the above, in our opinion, there are no sufficient guidelines for the authorities to act in the matter of illegal constructions.
In addition, wherever orders have become final, on the Panchayat coming to the conclusion that the structures are illegal, pending action for
demolition, if there are no further orders staying action and the time for appeal has expired, the Village Panchayat to write to the respective electric
circle of the concerned village to disconnect electric supply to the structure. On receipt of the letter the electric circle of the concerned village are to
disconnect the electric supply within seven days of the receipt of the letter from the Village Panchayat to the illegal structures. This will also apply
when part of the structure is legal and part of ht structure is illegal. It is clarified that electric supply and water supply for the entire structure will be
disconnected.
Similarly the P.W.D. to disconnect water supply of the illegal structures on receiving a letter from the Village Panchayat after the period as set out for
disconnection of electric supply. The P.W.D. will also proceed to disconnect water supply in a similar way as that of electric supply.â€
c) The respondent No.3- Deputy Collector shall ensure that the Stop Work Order dated 02/07/2021 is complied with in future also.
d) The respondent No.4- Village Panchayat shall take further action as indicated above expeditiously and in accordance with law.
Writ Petition is disposed of.