ABDUL KADAR LINGANMATA Vs. VILLAGE PANCHAYAT

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the Judgment dtd. 23/8/2023 passed by the District Judge-2, South Goa, at Margao dismissing Civil Revision Application No.21/2021 filed by the Petitioner.

(2.) By show-cause notice dtd. 7/11/2017, the Respondent No.1 Panchayat brought to the notice of the Petitioner that the Complainant, Govind Raut Dessai had informed that the Petitioner was illegally constructing a structure of laterite stones in land under Survey No.44/2 of Village Assolda. The notice contended that the Petitioner was executing the construction without any authorization, and therefore called upon him to stop further construction and show cause why the structure should not be demolished, in terms of the provisions of Sub-Sec. 4 of Sec. 66 of the Goa Panchayat Raj Act, 1994 (the Act). In reply to this notice, the Petitioner, on 11/11/2017 contended that he had purchased the property in question with area of 225 sq. mts. by deed of sale, on which stood a dilapidated ancestral house and a storeroom, which structures, the Petitioner claimed were in existence since 80 years. In the reply, the Petitioner averred that he was entitled to regularization of the structures.

(3.) A subsequent notice was issued by the Panchayat to the Petitioner on 21/11/2017 to which the Petitioner replied on 23/11/2017 contending that he had been residing in the unauthorized structure since 2013 under Deed of Sale dtd. 12/7/2013 and requested the Panchayat to regularize the unauthorized construction and to issue to the Petitioner a House Tax and a NOC for obtaining light and water for the unauthorized structure. A notice came to be issued to the Petitioner on 22/1/2018 holding that the structure in question was unauthorized and newly constructed and directed its demolition within seven days of receipt of the notice.