Friday, September 10, 2010

[socialactionfoundationforequity:5999 [panchayat-india] HC: Bar on p'yat to move against DoP

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Date: Thu, 9 Sep 2010 20:04:02 +0530
Subject: [panchayat-india] HC: Bar on p'yat to move against DoP

HC: Bar on p'yat to move against DoP
Panaji: In a significant ruling,the,high court of Bombay at Goa recently held that village panchayats do not have the right to approachit challenging orders passed by authorities in the directorate of panchayats under building regulations.
"Permitting such an exercise would certainly amount to insubordination and subversion of administrative discipline," Justice N A Britto observed.
The court held that that the separate petitions filed by the village panchayats of Sancoale and Bastora against orders passed by panchayat authorities under Section 66 (regulation of construction of buildings) of the GoaPanchayat Raj Act, 1994 were not maintainable.
While holding that the panchayat deputy director, the BDO and the director exercise statutory functions under Section 66 of the Act, the court noted, "Just because the lower authority thinks that the decision made by the higher authority, in its opinion is improper, it cannot be allowed to challenge the said decision."
VP members not above the law:HC
Panaji: The high court of Bombay at Goa recently ruled that a panchayatcannot appeal against DoP orders in construction licence cases.
The court also stated, "It does not sound to reason that the village panchayat which fails to perform its duty of granting or refusing the application for permission would be entitled to me an appeal against the order of deputy director granting such an application. The legislature could not have contemplated such a situation." I! The court further held . that the deputy director. as t well as the panchayats director are administrative au-
thorities to control the functioning of village panchayats and only because a village panchayat is fonned by elected representatives they cannot be allowed to think that . they are above the law.
In this case, the writ petitions fIled by the Sancoale and Bastora panchayats were objected by M-Tech Developers Ltd and Maruti Hallikar, respectively. The respondents' lawyers argued that panchayats cannot challenge the order SJf the authority in the directorate ofpanchayats when pennission is granted for construction to an individual. The respondents contended that the authority performs the function of village panchayat, which did not grant the pennission.
(Times of India [Goa edition] 3/9/2010)

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