Bombay High Court at Goa hears case regarding illegal constructions taking place in Goa
Title: Ferdinando Fernandes v. State of Goa
Decided on: August 2, 2023
Citation: 2023 SCC OnLine Bom 1654
CORAM: HON’BLE JUSTICE M.S. SONAK AND JUSTICE BHARAT P. DESHPANDE
Facts of the Case
Petition filed regarding illegal constructions taking place in the NDZ of the CRZ area of Goa. Although Petitioner filed complaints to the Panchayat and the Goa Coastal Zone Management Authority (GCZMA), no action was forthcoming. It was argued by the Advocate General states that show cause notices have already been issued to Respondents and as also stop work notices have been issued. Even a demolition order is already issued to Respondent. They also argue that the petitioner has also carried out illegal construction in the NDZ area of Goa.
Court Analysis and Judgement:
The Court held that Respondents must cooperate with the GCZMA and not delay the proceedings before the GCZMA. It held that it is important that the GCZMA should also hear the Petitioner along with Respondents. The Court sided with the petitioner and directed the GCZMA to consider his complaint and act on the same. The Court directed that the complaint filed, should be heard, resolved and should be disposed of within three months from the date of hearing. The Court also highlighted the duty of the Panchayat in this scenario and mentioned that the Panchayat should issue show cause notice to Respondents, and must afford an opportunity of hearing to the Petitioner, along with noticees.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Reema Nayak
