Bombay High Court Overturns Order Condoning Massive 5,231-Day Delay in Demolition Case
The Bombay High Court has taken decisive action by quashing an order from the additional director of panchayats that condoned an extraordinary delay of 5,231 days in challenging a demolition notice issued in 2011 for a structure on Calangute sand dunes. The court has directed the authority to reconsider the application for condonation of delay afresh, emphasizing the need for proper judicial reasoning and a fair hearing for all parties involved.
Court Criticizes "Mechanical" and "Perverse" Order
In a strongly worded judgment, the high court observed that the additional director of panchayats failed to provide any cogent reasons for condoning the delay, which spans over 14 years. The court stated that the order merely mechanically reproduced contents without any substantive analysis, suffering from a clear non-application of mind. Justice Ashish S. Chavan highlighted the lack of discussion, reasoning, or logical progression in the impugned order, describing it as perfunctory and devoid of cogent reasoning.
"The finding, being perfunctory and devoid of any cogent reasoning, results in manifest injustice to the petitioner, Sylvester D'Souza. In fact, the impugned order also does not do any justice to the contentions of the respondent No. 4, Joseph Sylvester da Rosa, and hence, viewed from any angle, is perverse and ought to be interfered with by this court," Justice Chavan stated.
Background of the Calangute Sand Dunes Dispute
The case originated when Sylvester D'Souza, the petitioner, filed a complaint with the panchayat regarding illegal construction activities involving the cutting of sand dunes in Calangute. Following an inspection, authorities identified 16 structures as illegal, leading to the issuance of a demolition order in 2011. The order gave the concerned party seven days to demolish the structures, but when this was not complied with, Sylvester approached the high court.
The high court initially directed the panchayat to execute its demolition order and instructed the block development officer in Mapusa to provide necessary assistance. However, in May 2025, Joseph Sylvester da Rosa filed an appeal against the demolition order, along with an application for condonation of the 5,231-day delay, which was subsequently allowed by the additional director of panchayats.
Fresh Hearing Ordered with Strict Timeline
In response to the flawed order, the Bombay High Court has mandated a fresh consideration of the application for condonation of delay. The court has directed the additional director of panchayats to hear all parties involved and pass a new order, preferably within four weeks. This directive aims to ensure that justice is served through a transparent and reasoned decision-making process, addressing the concerns of both the petitioner and the respondent.
The court's intervention underscores the importance of judicial diligence and the need for authorities to apply their minds thoroughly when dealing with significant delays in legal proceedings. By setting aside the previous order, the high court has reaffirmed its commitment to upholding the principles of fairness and accountability in administrative and legal matters.
