Bombay High Court at Goa takes account of Panchayat inaction regarding construction
Title: Viola Silveira v. State of Goa
Decided on: August 1, 2023
Citation: 2023 SCC OnLine Bom 1579
CORAM: HON’BLE JUSTICE M.S. SONAK AND JUSTICE BHARAT P. DESHPANDE
Facts of the Case
The grievance of the Petitioner is inaction on the part of Village Panchayat of Azossim, Mandur. The Panchayat states that a stop work order was issued based on the Petitioner’s complaint and now, even a show cause notice has been issued. The Sarpanch and the Secretary have ensured that no further construction is being undertaken and that a show cause notice issued is disposed of in accordance with law and on its own merits within one month.
Court Analysis and Judgement:
The court took account of the inaction on part of the Panchayat and by accepting the above statement and directing the Panchayat to dispose of its show cause notice within one month, they disposed of this Petition. They held that the Panchayat would have to comply with principles of natural justice and an opportunity of hearing be granted not only to Respondent but also to the Petitioner. The Court ruled that the Panchayat should communicate its decision to both parties within one month from today. The stop work order will operate until such communication.
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Written by- Reema Nayak
