VILLAGE PANCHAYAT OF VARCA Vs. AMARIO DIAS

JUDGEMENT

(1.) Rule, made returnable forthwith. The learned counsel for the respondent waives service. Heard finally by consent of the parties.

(2.) The challenge in this petition is to the order dated 28/4/2017 passed by the learned Adhoc District Judge, South Goa at Margao in Civil Misc. Application no.164/2016. By the impugned order, the learned District Judge has refused to condone the delay of 41 days in filing a revision application under section 201-B of the Goa Panchayat Raj Act 1994 (Act, for short).

(3.) The brief facts are that the petitioner/Village Panchayat had issued a demolition order dated 5/8/2010 of a structure belonging to the respondent which according to the petitioner is constructed in violation of the CRZ notification and the construction falls within the No Development Zone (NDZ). The subject matter of dispute is House No.687/687-A and 687/B in ward Zalor of Carmona village. The respondent challenged the same in an appeal under section 66 (7) of the Act before the Addl. Director of Panchayats, Margao. The Addl. Director found that the only issue which was involved in the appeal was whether the petitioner i.e Village Panchayat of Varca or the Village Panchayat Carmona was having jurisdiction over Zalor waddo. The learned Addl. Director of Panchayat found that the ward Zalor of Carmona village falls in the Village Panchayat of Carmona. In that view of the matter, the learned Addl. Director of Panchayat allowed the appeal, set aside the order of demolition and instead, directed the Village Panchayat of Carmona to carry out site inspection in terms of the CRZ Notification within thirty days and to " act according to law".