Judicial Review of Demolition Orders for Unauthorized RCC Structures and Regularisation Under Panchayat Law.
🔒 For Members Only
Case: LUIS FERNANDES v. THE VILLAGE PANCHAYAT OF CORTALIM QUELOSSIM AND ANR
Court: Bombay High Court
Date: 20-07-2026
Law: N/A
Highlights of the Judgment:
- Examination of the distinction between authorized repairs and unauthorized permanent RCC construction under the Goa Panchayat Raj Act, 1994.
- Analysis of the necessity for technical clearance and ownership documentation as prerequisites for the regularisation of structures.
- Judicial review of concurrent findings of fact rendered by the Additional Director of Panchayats and the District Court.
- The legal effect of a pending Mundkarial claim on the execution of demolition orders for illegal developments.
- Discussion on the principles of "forum hunting" and the suppression of material facts in Article 226 proceedings.
- Interpretation of Section 66 regarding the summary powers of Village Panchayats to remove unauthorized constructions.