Bombay High Court

VILLAGE PANCHAYAT OF MORJIM THR THE SECRETARYversusSTATE OF GOA THR THE CHIEF SECRETARY AND 2 ORS

Disposal: Disposed of

Holding

The order withdrawing the NOC was quashed as it was issued without notice or an opportunity of hearing, violating natural justice.

Summary

The Village Panchayat of Morjim filed a writ petition challenging the Director of Tourism's order dated 03‑09‑2025 that abruptly withdrew a previously granted No‑Objection Certificate (NOC) for constructing a crematorium. The petition argued that the withdrawal was made without notice or an opportunity to be heard, violating principles of natural justice, especially after the court had earlier directed the Director to hear objections. The respondents indicated willingness to provide a hearing if directed. The Court partially allowed the petition, quashing the withdrawal order and remitting the matter to the Director for fresh consideration with a mandated hearing for the petitioner and other stakeholders. The parties were ordered to appear before the Director on 12‑10‑2026 and to submit written arguments, after which the Director must pass a new order within four weeks.

Issues considered

Whether the Director of Tourism could lawfully withdraw the NOC without issuing notice or granting a hearing to the petitioner.
Whether the order withdrawing the NOC violates the principles of natural justice and must be set aside.

Subjects

administrative law
natural justice
right to hearing
NOC
crematorium
Writ petition
Director of Tourism
Bombay High Court

Judgment

                                  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been abruptly withdrawn.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

                                      Page 1 of 3
                                  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.

                                    Page 2 of 3
                                29th September, 2026
                                                       56 WP 1108 2026




                       5. Writ Petition stands disposed of in the aforesaid terms.



                                                              S. G. CHAPALGAONKAR, J.




Signed by: NITI K HALDANKAR
Designation: Private Secretary
                                                           Page 3 of 3
Date: 30/09/2026 14:14:43
                                                       29th September, 2026

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