Bombay High Court
SANKALP SHRIKRISHNA KARPEversusTHE VILLAGE PANCHAYAT OF CAMURLIM THR ITS SECRETARY AND 5 ORS
- Disposal
- Disposed of
Holding
The Court imposed Rs.5,000 costs on the Secretary of the Village Panchayat personally for his delay and non‑compliance with the demolition order.
Summary
The petitioner sought enforcement of a demolition order against the Village Panchayat of Camurlim and the personal imposition of costs on its Secretary for delays. Although the offending structure was eventually removed, the Secretary filed affidavits denying the existence of a remaining plinth, prompting the Court to appoint a commissioner who confirmed that part of the structure remained. The Court noted that the Secretary's recalcitrant conduct caused further litigation and delay in cost recovery proceedings before the Mamlatdar. Consequently, the Court ordered the Secretary, Mr. Rajesh Asolkar, to pay Rs.5,000 to the petitioner as costs, to be deposited in the Court registry. The order also directed the Directorate of Panchayats to record the cost imposition in the Secretary's service record, and the petition was thereafter disposed.
Issues considered
- Whether a public officer can be personally liable to pay costs for delay in complying with a court‑ordered demolition
- Whether the Court may impose costs on the Secretary of a Village Panchayat for non‑compliance and false affidavits
Subjects
- costs
- demolition order
- non‑compliance
- public officer liability
- writ petition
- high court
- warning memo
Judgment
12 WP 368 2025
Meena
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.368 OF 2025
SANKALP SHRIKRISHNA KARPE ... PETITIONER
Versus
THE VILLAGE PANCHAYAT OF CAMURLIM
THR ITS SECRETARY AND 5 ORS ... RESPONDENTS
Mr. Ajay Menon, Advocate for the Petitioner.
Mr. Sarvesh Kalangutkar, Advocate for Respondent No.1.
Mr. Suhas Parab, Additional Government Advocate for
Respondent Nos. 2 to 5.
CORAM:- VALMIKI MENEZES &
AMIT S. JAMSANDEKAR, JJ.
DATED :- 18th August, 2026
P.C.:
1. The order dated 04.11.2025 passed by this Court has now been
fully complied with, and the offending structure has been removed
from the site. We had directed the Directorate of Panchayats to
initiate action against the Secretary for not completing the work of
demolition in pursuance of the directions of this Court. Warning
memo dated 02.07.2026 is placed before us in which the
Directorate of Panchayats has taken a note of the conduct of Mr
Rajesh Asolkar, Secretary of Village Panchayat Camurlim and,
after considering his reply, has chosen to take a lenient view of the
matter and imposed a warning.
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12 WP 368 2025
2. The petitioner, however, presses for costs on the Panchayat and
claims that the costs shall be paid by the Secretary of Village
Panchayat for the delay in carrying out and completion of
demolition of the structure.
3. We have examined the record and noted that despite orders of
this Court, the Secretary chose to file two affidavits, the first dated
15.01.2026 and the second dated 20.02.2026, in which he has taken
a stand that after inspection of the site, there was no plinth structure
seen below the debris at the site and the demolition was complete
in all respects. Obviously, the Secretary was covering up his action
to ascertain this position; this Court in Writ Petition No.417 of
2025 was forced to appoint a Court Commissioner, an Advocate of
this Court, Ms Maria Correia, to inspect the site and present a
report. The report disclosed that an entire plinth was seen below the
debris, which forms part of the original offending structure, and has
not been removed.
4. In fact, during the pendency of this petition, for almost one year,
this Court was forced to take action for recovery of costs of the
demolition in an order dated 04.11.2025, passed in Writ Petition
No.417 of 2025. The Revenue proceedings for recovery of the
costs for demolition are still pending before the Mamlatdar of
Bardez in case No. MAM/BAR/PWD/ REC/01/2026, which has
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12 WP 368 2025
added to the unnecessary litigation due to the inaction of the
Secretary.
5. As a result, this petition has remained pending from 25.09.2025,
from when the first order was passed, till today when the action
taken by the Directorate of Panchayats has been placed before us.
Considering that the delay in disposing this petition by the Court is
entirely due to the recalcitrant attitude of Mr. Rajesh Asolkar,
Secretary of Village Panchayat of Camurlim, we deem it
appropriate to impose costs on him in the amount of Rs.5,000/-
(Rupees Five Thousand only) which shall be paid by him to the
Petitioner by way of depositing in the Registry of this Court within
a week from today.
6. Copy of this order shall be forwarded to the Director, Directorate
of Panchayats, who shall endorse the warning memo dated
02.07.2026 with the fact that the costs imposed by this Court
personally on Mr. Rajesh Asolkar, Secretary of Village Panchayat
of Camurlim, in his service records, which shall be taken note of.
7. Since nothing further survives in this petition, the same stands
disposed of.
AMIT S. JAMSANDEKAR, J. VALMIKI MENEZES, J.
Signed by: MEENA VISHAL BHOIR
Designation: Private Secretary
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Date: 19/08/2026 12:05:40
18th August, 2026
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