209-WP-715-2008.doc Andreza IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 715 OF 2008 ---------------------- Shri Sharadchandra S. Mandrekar, through his duly consituted Power of Atorney, Shri Suryakant V. Kavlekar, resident of Velha & Filho Shopping Center, Velho Building, Opposite Municipal Garden, Panaji, Goa. (Registered Address) …Peiioners Versus 1. The Director of Panchayats, Government of Goa, Junta House, Panaji-Goa. 2. Shri Rinoo Sehgal, resident of Junaswada, Mandrem, Pernem, Goa. 3. The State of Goa, through its Chief Secretary, having oice at Secretariat, Porvorim, Bardez-Goa. 4. Village Panchayat of Mandrem, through its Secretary, having oice at V. P. Mandrem, Pernem, Goa. (Registered addresses) …Respondents ---------------------------------- Mr. Parag Rao, Advocate with Mr. Akhil Parrikar and Ms. Dhanushree Korgaonkar, Advocates for the Peiioners. --------------------------------------- CORAM : DR. NEELA GOKHALE, J. DATE : 17th JUNE 2026 JUDGMENT 17th June 2026 2026:BHC-GOA:1188 209-WP-715-2008.doc 1. None appears for the Respondents. 2. Heard Mr Parag Rao, learned Counsel appearing for the Petitioners. By this Petition, he assails the Order dated 29th September 2008 passed by Respondent No. 1, the Director of Panchayat, in Panchayat Appeal No. 13 of 2008, to the extent that it is based on an interim stay granted by the Supreme Court in SLP (Civil) No. 19725 of 2007. By order dated 04th April 2009, the present petition was admitted. Despite receipt of the Rule notice, none of the Respondents appears. Hence, I am proceeding to hear Mr. Parag Rao, learned Counsel appearing for the Petitioners. 3. I have carefully gone through the impugned Order dated 29th September 2008. It appears that the Additional Director of Panchayat has issued a clear finding that the structure in question is illegal. There is no conversion sanad. The Deputy Collector has already passed the Order for demolition. The CRZ authority has also ordered the demolition of the house, i.e., the structure built by Respondent No. 2, for violation of CRZ norms. The Additional Director of Panchayat has also recorded that, from the records, neither permission was obtained from the Panchayat nor from any 17th June 2026 209-WP-715-2008.doc other authority, nor is any ownership document available on record. He noted that the only document placed on record by the Appellant before the Additional Director of Panchayat is a photocopy of an interim order passed by the Supreme Court in SLP (Civil) No. 19725 of 2007 on 29th October 2007. The said SLP was concerned with a challenge to the Order passed by the CRZ authority for violation of CRZ norms. 4. Hence, based on the interim order passed by the Supreme Court in the aforesaid SLP, the Additional Director of Panchayat stayed the operation of the Demolition Order issued by the Panchayat until the final disposal of the SLP. Further, despite recording a finding that the structure was unauthorised and required to be demolished, the Additional Director of Panchayat also stayed his own Order till the final disposal of the SLP. 5. Today, Mr Rao has placed before this Court the Order dated 08th November 2017 passed by the Supreme Court in Civil Appeal No. 6521 of 2010 arising out of SLP (Civil) No. 19725 of 2007. It appears that the Civil Appeal has been dismissed by the Supreme Court, which held that it lacked merit. Thus, as of date, nothing 17th June 2026 209-WP-715-2008.doc remains pending before the Supreme Court. With the dismissal of the Civil Appeal arising out of the said SLP, there is no reason to continue the stay of the Demolition Order dated 22nd January 2008, issued by the Panchayat. The Order dated 29th September 2008 passed by the Additional Director of Panchayat, staying his own order holding the structure as unauthorised, must also be vacated. 6. In these circumstances, since the basis on which the Additional Director had stayed the Demolition Order passed by the Panchayat is no longer in existence, the Order passed by the Additional Director of Panchayats, North, Panaji, Goa, shall be operable forthwith. In any case, the Petitioner has only assailed the order dated 29th September 2008, to the extent that the operation of the order was directed to be stayed until final disposal of the SLP (Civil) No. 19725 of 2007. With the final disposal of the SLP, this Order will be made effective forthwith. 7. In view of the aforesaid, the Judgment and Order passed by the Deputy Director of Panchayats, North, Panaji, Goa, dated 22nd January 2008 shall be made effective and the Respondent herein is directed to remove the unauthorised structure/construction within a period of 15 days from the date on which the order is brought to the 17th June 2026 209-WP-715-2008.doc notice of the Village Panchayat or the Additional Director of the Panchayat. 8. Writ Petition is disposed of. The rule is accordingly made absolute. DR. NEELA GOKHALE, J. 17th June 2026 Signed by: ANDREZA PEREIRA Designation: Senior Private Secretary to the Hon'ble Judge Date: 23/06/2026 17:30:41