NT Reporter
Panaji
The High Court of Bombay at Goa on Wednesday quashed an order passed by the Additional Director of Panchayats that had allowed a delayed appeal in a case relating to alleged illegal structures in Calangute, and directed the authority to reconsider the matter after hearing all parties.
The court set aside the August 12, 2025 order passed by the Additional Director of Panchayats-I at Panaji, which had condoned the delay in filing an appeal by Joseph Sylvester da Rosa against a demolition order issued by the Calangute panchayat.
The court directed the authority to reconsider the application for condonation of delay afresh after giving an opportunity of hearing to all parties and to pass an order in accordance with law, preferably within four weeks from the date of the court’s order. The court also directed the parties to appear before the Additional Director of Panchayats on March 16.
While examining the order, the court said there was “absolutely no discussion, reasoning or logical progression of how the Additional Director has arrived at the conclusion in the impugned order”. The court further said that
“the finding being perfunctory and devoid of any cogent reasoning results in manifest injustice to the petitioner”.
The court also said the order did not adequately deal with the contentions of da Rosa, a resident of Calangute, and stated that the order appeared perverse and warranted interference.
The writ petition was filed by Sylvester D’Souza of Calangute seeking to quash the order passed by the Additional Director of Panchayats that had condoned the delay in filing the appeal under Section 66(7) of the Goa Panchayat Raj Act.
According to the petition, D’Souza had earlier filed a complaint with the Calangute panchayat alleging that illegal construction had been undertaken by cutting sand dunes in Survey No. 242/1 of Calangute village.
Following an inspection, the panchayat found 16 structures in the survey number to be illegal and issued a demolition order dated December 22, 2011.
More than a decade later, on May 14, 2025, Joseph Sylvester da Rosa filed an appeal against the demolition order along with an application seeking condonation of delay before the Additional Director of Panchayats at Panaji.
On August 12, 2025, the Additional Director allowed the application for condonation of delay, which was subsequently challenged through the present writ petition before the
High Court.
