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Judgment
Heard Mr. Shane Gomes Pereira, learned Counsel for the petitioner.
According to us, this petition is an abuse of the judicial process. The petitioner was served with the demolition order dated 20/07/2015. However, for reasons best known to the Panchayat the same was not enforced and therefore, a fresh demolition order dated 27/11/2018 was served on the petitioner.
The petitioner challenged this order before the Additional Director of Panchayats. However, by judgment and order dated 27/08/2019, the Additional Director dismissed the appeal.
The petitioner then instituted Petition No.1012 of 2019 in this Court to challenge the Additional Director's judgment and order dated 27/08/2019.
This petition was disposed of by judgment and order dated 14/07/2021.
Paragraph No.9 of the judgment and order dated 14/07/2021 is important and the same is quoted below for the convenience of reference:
“9. Since, the Petitioner has admitted that the construction attempted was without any permissions, there is no case made out to fault the order made by the Additional Director of the Panchayats. However, now that the Petitioner has undertaken to maintain the status quo at the site as is depicted in the photographs annexed to the Petitioner's affidavit dated 5th July 2021, there is no necessity of presently effecting any demolition. However, if even within six months from today, no permissions/regularization orders are obtained, then, even the vestiges of construction at the site will have to be removed. This is again without prejudice to any orders that the Civil Court may make in the meanwhile in the matter.”
Admittedly, within the period of six months, there is no specific order for regularization obtained by the petitioner. Mr. Shane Pereira tries to contend that there is a deemed permission or deemed regularization order concerning the very structure which forms the subject matter of demolition orders of 2015 and 2018. The 2018 demolition order stands confirmed by the Additional Director and this Court. Therefore, the plea of any deemed permission or deemed regularization cannot be entertained at this stage.
The petitioner, despite the dismissal of his Writ Petition No.1012 of 2019 has attempted to take up further proceedings before the Additional Director, only in an attempt to stall the execution of the demolition order.
This petition was instituted by stating that the Panchayat is now foisted to execute its demolition order without giving any notice to the petitioner. Since the panchayat wishes to enforce the demolition order made in the year 2018 which has attained finality, there was no question of the issue of any further notice to the petitioner. Any further notice would have only given an opportunity to the petitioner to further delay the execution of the demolition order that has attained finality. Even without such notice, the petitioner had entailed instituting the proceedings before the authorities of the Panchayat Raj Act only to stall or delay the execution of the finalized demolition order. By instituting multiple proceedings that are quite frivolous, the petitioner cannot frustrate the execution of the demolition order that has already attained finality almost four years ago. This petition is indeed an abuse of the judicial process and our discretionary jurisdiction cannot be extended to assist the petitioner to retain the illegal construction put up by him.
Accordingly, this petition is dismissed. There shall be no order as to costs.
We are inclined to impose exemplary costs on the petitioner. However, the learned Counsel for the petitioner persuaded us not to impose any cost on this occasion.