Legal heirs not heard, says HC, nixes demolition order

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nt

NT Reporter

Panaji

The High Court of Bombay at Goa has quashed a demolition order issued by Goa Coastal Zone Management Authority (GCZMA) against a structure in Reis Magos, citing a significant procedural lapse. However, the HC has not ruled on the legality of the structure.

The case involves a
structure located in Survey No. 78/1 of Reis Magos, which GCZMA had ordered to be demolished on November 7, 2025.

The authority alleged the construction was illegal and violated coastal zone regulations. However, the owner passed away on July 22, 2018—well before GCZMA issued its initial show cause notice on December 31, 2021.

The demolition order
was passed against a person who had been dead for over seven years.

The son of the deceased approached the High Court, challenging the demolition order, arguing that the demolition order was a “nullity” because it was passed without hearing the rightful heirs of the property. Setting aside the demolition order in relation to the petitioner, the court has directed GCZMA to implead all heirs, including the children and the spouse.

Directing GCZMA to hear the legal representatives and decide on the legality of the structure, preferably within two months, the High Court has clarified that it has not ruled on the actual legality of the structure itself, leaving those merits for GCZMA to decide during the new proceedings.

 

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