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2026 DAILYLAW 12250 (BOM)

VILLAGE PANCHAYAT OF MORJIM THR THE SECRETARY v. STATE OF GOA THR THE CHIEF SECRETARY AND 2 ORS

WP/1108/2026 · 2026-09-29

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Judgment text

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56 WP 1108 2026 Niti IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.1108 OF 2026 VILLAGE PANCHAYAT OF MORJIM THR THE SECRETARY ... PETITIONER Versus STATE OF GOA THR THE CHIEF SECRETARY AND 2 ORS ... RESPONDENTS Mr. Vibhav Amonkar, Advocate for Petitioner. Mr. Shubham Priolkar, Additional Government Advocate for Respondent Nos.1 and 2/State. CORAM:- S. G. CHAPALGAONKAR, J. DATED :- 29th September, 2026 P.C.: The present Writ Petition is filed impugning order/communication dated 03.09.2025 passed by Respondent No.2, i.e. Director of Tourism, whereby the order granting NOC in favour of Petitioner/Panchayat for raising the crematorium has been abruptly withdrawn. 2. Mr. Amonkar, learned Counsel appearing for Petitioner, would submit that Respondent No.2 had initially granted NOC dated 23.01.2024 in favour of Panchayat which was subjected to challenge in Writ Petition No.308/2024 before this Court. This Court disposed of the said Writ Petition with direction to 29th September, 2026 56 WP 1108 2026 Respondent No.2 to afford an opportunity of hearing to persons who were objecting to the NOC issued in favour of Panchayat. The Director, after hearing the parties, confirmed the NOC by putting certain conditions. Despite aforesaid adjudication, the impugned order dated 03.09.2025 is passed directing withdrawal of the NOC without issuing notice or granting opportunity of hearing to Petitioner. It is therefore submitted that the impugned order cannot be sustained in law. 3. Learned Additional Government Advocate for Respondent Nos.1 and 2, on instructions, submits that if this Court directs, Petitioner would be afforded an opportunity of hearing and fresh order would be passed. 4. In light of the submissions advanced, Writ Petition is partly allowed. The impugned order dated 03.09.2025 passed by Respondent No.2/Director of Tourism is hereby quashed and set aside. The matter is remitted back for consideration on its own merits by affording an opportunity of hearing to the Petitioner and other stakeholders. Parties to appear before the Director of Tourism on 12.10.2026 at 3.00 p.m. Parties shall be at liberty to file their written notes of arguments along with supporting documents. Thereafter, Respondent No.2 shall grant an opportunity of personal hearing, if so required, and pass further orders on its own merits within a period of four weeks thereafter. 29th September, 2026 56 WP 1108 2026 5. Writ Petition stands disposed of in the aforesaid terms. S. G. CHAPALGAONKAR, J. 29th September, 2026 Signed by: NITI K HALDANKAR Designation: Private Secretary Date: 30/09/2026 14:14:43