The Bombay High Court has issued notices to Goa Art and Culture Minister Ramesh Tawadkar and state authorities on a public interest litigation seeking demolition of a bungalow in Canacona that the petitioners allege was constructed without statutory permissions.
The PIL, filed by activist Kashinath Shetye and five others, also challenges alleged efforts to regularise the structure. The Goa bench of the High Court has fixed the matter for further hearing on October 28.
Petition Challenges Regularisation Efforts
According to the plea, the 527-square metre bungalow in Poinguinim village was constructed around 2015 without the required approvals.
The petitioners said Tawadkar submitted an application to the Poinguinim village panchayat on January 13, 2025, following which house number EHN/R9/30 was allotted on January 20, 2025. The PIL also refers to an affidavit dated January 16, 2025, and an architectural plan dated December 22, 2022.
They have questioned the steps taken towards regularisation of the structure, contending that it does not qualify under the Goa Regularisation of Unauthorised Construction Act, 2016.
Plea Cites Cut-Off Date and Built-Up Area
The petitioners have argued that the 2016 law applies to unauthorised constructions raised before February 28, 2014, whereas the bungalow was allegedly built around 2015.
They have further pointed out that the Act permits regularisation of a personal residential structure only up to a built-up area of 200 square metres, while the bungalow in question allegedly measures 527 square metres.
The PIL also refers to Section 6 of the Act and alleges that authorities, including the Collector and Mamlatdar, were required to identify and demolish unauthorised structures that were not covered by applications filed within the prescribed period.
2021 Panchayat Circular Also Challenged
The petitioners have separately challenged an October 2021 circular issued by the Director of Panchayats, alleging that it enables regularisation of unauthorised constructions in a manner inconsistent with the statutory framework.
They have contended that permitting such regularisation would be arbitrary and would violate Articles 14 and 21 of the Constitution.
The petition seeks a declaration that the construction is illegal and directions for its demolition under the applicable land development and panchayat laws.
