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Bombay High Court

SHARADCHANDRA S. MANDREKAR THROUGH ATTORNEY SURYAKANT V. KAVLEKARversusTHE DIRECTOR OF PANCHAYATS PANAJI AND 3 ORS.,

Disposal
Disposed of

Holding

The High Court held that the dismissal of the Supreme Court appeal extinguished the interim stay, rendering the demolition order effective forthwith.

Summary

The petitioners, represented by Sharadchandra S. Mandrekar, challenged an order dated 29 September 2008 issued by the Additional Director of Panchayats which stayed a demolition order against an unauthorised structure built by respondent Rinoo Sehgal. The stay was based on an interim order of the Supreme Court in SLP (Civil) No. 19725 of 2007, which had stayed the demolition pending final disposal of the SLP. The Supreme Court later dismissed the Civil Appeal No. 6521 of 2010 arising from that SLP on 8 November 2017, leaving no pending stay. The High Court held that, with the Supreme Court’s dismissal, the basis for the stay no longer existed and the demolition order dated 22 January 2008 should be made effective immediately. Consequently, the respondents were directed to remove the unauthorised construction within 15 days and the writ petition was disposed.

Issues considered

  • What is the effect of the Supreme Court’s dismissal of the Civil Appeal on the interim stay of the demolition order?
  • Whether the Additional Director of Panchayats’ order staying the demolition order remains operable after the final disposal of the SLP?

Subjects

  • demolition order
  • unauthorised construction
  • interim stay
  • Supreme Court dismissal
  • Panchayat authority
  • Coastal Regulation Zone
  • writ petition

Judgment

2026:BHC-GOA:1188

                                           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




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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




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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




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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 22 nd January 2008,

issued by the Panchayat. The Order dated 29 th 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 22 nd

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



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                                 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.




Signed by: ANDREZA PEREIRA                                    Page 5 of 5
Designation: Senior Private Secretary                        17th June 2026
to the Hon'ble Judge
Date: 23/06/2026 17:30:41


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