VITHU MAHADEV NAIK Vs. BLOCK DEVELOPMENT OFFICER

JUDGEMENT

(1.) THIS Appeal arises from the Judgment, Order and Decree dated 25th September, 1992 passed by the District Judge, South Goa, Margao, in Civil Suit No.59 of 1986. By the impugned Decree, the Trial Court has dismissed the suit filed by the Appellant.

(2.) THE facts in brief are that by notice dated 10th September, 1996 received by the Appellant on 12th September, 1986, the Appellant was asked by the Respondent No.1 herein to vacate the house built by the Appellant in the property of Communidade of Shiroda situated at Karai, Shiroda, Goa, since the Respondents proposed to demolish the said house. As per the notice, the Appellant was required to vacate the house on or before 21st September, 1986 to enable the Respondents to demolish the house on 22nd September, 1986 or any time thereafter. It was also disclosed in the said notice that the demolition of the house was authorised by the Respondent No.2 by his Order dated 28th May, 1986 under Section 49 of the Goa, Daman and Diu Village Panchayat Regulation 1962, and that the construction of the house was without obtaining necessary permission from the Village Panchayat of Shiroda yet the Sarpanch had not taken effective steps to demolish the same and that therefore, the Order was being passed under Section 49 of the said Regulation on account of wilful and persistent default in performance of his duties as Sarpanch prescribed under the said regulation.

(3.) THE Trial Court while holding that the Appellant failed to prove that the suit house existed since 1970 or that the construction at the relevant time did not require licence from the Municipality or the Panchayat, negatived the contention of the Appellant that the notice issued by the Respondents was without jurisdiction or in violation of the provisions of Village Panchayat Regulations. It was further held that the notice issued by the Respondents was valid and lawful.