PANAJI: The high court of Bombay at Goa on Wednesday dismissed an application of a Miramar resident, John Pascoal Dias, challenging a 2020 order of the Corporation of the City of Panaji to demolish his illegal structures.
Although the area covered by the structures could be considered small, once found to be illegal, he cannot take advantage of it, the high court observed.
“If such contention is allowed, each unit holder will extend its area by erecting illegal structures in the front and the rear side,” said Justice Bharat Deshpande.
“It is no doubt true that such an extension covers a small area of around 2/3 sqm. However, the question here is not of the small area, but of the legality of such structures,” the court said.
It said that instead of immediately removing the structures when he was issued notices, he tried to justify it by showing that the structures are used for storing material.
Dias, who is the owner of a flat and a garage, and runs a restaurant and general stores, had challenged the CCP’s demolition order before the urban development secretary, who dismissed his application.
Dias, then moved to the high court challenging the secretary’s order.
He also filed two applications for regularisation, which were rejected.
“The front and the rear side extensions clearly go to show that such extensions are illegal and therefore, there is no justification that could be accepted for and on behalf of the petitioner to retain it,” the HC said.
“The front and rear extensions are used by the petitioner for commercial purposes. Similarly, the front portion is erected only for the purpose of customers who are coming into the restaurant or shop for the purpose of a sitting area. The said structure is also encroaching into the open space,” the HC said.
