Viraj Vishnu Amonkar And 8 ORS v. The State Of Goa Thr Chief Secretary And 10 ORS

2026:BHC-GOA:555-DB Suzana

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 192 of 2026

1. Mr. Viraj Vishnu Amonkar, s/o late Yashoda Amonkar, aged 52 years, married, G-B, Indira Residency, Sirvodem, Navelim, Salcete, Goa.

2. Mr. Shaikh Jalalouddin, s/o Shaikh Mohammed, aged years, married, H. No. 823, Bhatimwada, Borim, Shiroda, Ponda, Goa (represented by his true and lawful attorney Nassim Banu Bi, major, H. No. 823, Bhatimwada, Borim, Shiroda, Ponda,

3. Mr. Sallaudin Khan, aged 62 years, married, 135, Opp. Janata Bakery, Sirvodem, Navelim, Salcete, Goa.

4. Mr. Shakir Ali Khan, Son of Hafiz A.

Khan, aged 69 years, married, H.

No.

212, Sirvodem, Navelim, Salcete, Goa.

5. Mrs. Irfana Khan, w/o Shakir A.

Khan, aged 59 years, married, H. No. 212, Sirvodem, Navelim, Salcete, Goa.

6. Mr. Clifton Lawrence, s/o late Herodian Lawrence, aged

years, married, H.

No.

214, Margao, Goa.

7. Mr. Climax Lawrence, s/o late Herodian Lawrence, aged years, married, H.

No.

214, Margao, Goa.

8. Mr. Covan Lawrence, s/o late Herodian Lawrence, aged years, married, H.

No.

214, Margao, Goa.

9. Mr. Milagrina Lawrence, w/o late Herodian Lawrence, aged years, widow, H. No. 214, Margao, Goa.

Versus.

1. The State of Goa, Though Chief Secretary, Secretariat, Porvorim, Bardez, Goa.

2. The Collector, South Goa & Chairperson, Disaster Management Authority, South Goa Collectorate, Government of Goa, Margao, Salcete, Goa.

3.

The Chief Officer, Margao Municipal Council, Margao, Goa.

4. M/s Prime Realtors a partnership firm represented by its partners, (a) Morgan Victor Travasso, major of age, business, (b) Pradeep P. Keni, major of age, business, .....Petitioners.

(c) Carma Luiza Travasso, major of age, business, (d) Eldrin Travasso, major of age, business, (e) Siona Fernandes, major of age, business, having its principal place of business at F49, 1st Floor, Vikrant Building, Malbhat, Margao, Goa.

5. The Madgaum Urban Cooperative Bank Ltd., represented herein by the appointed liquidator, with its office at Margao, Goa.

6. M/s R. P. Kakode, a partnership firm represented by its partners, (f) Ramdas M. Pai Kakode, major, businessman, (g) Rahul R. Pai Kakode, major, businessman, having its principal place of business at Antao Building, Khareband, Margao, Goa.

7. Mr. Ramdas M. Kakode @ Ramdas M. Pai Kakode. major of age, businessman, resident of House No. B-1, 2 Om Datt Gandh Bungalow, Behind Durga Petrol Pump, Fatorda, Margao, Goa.

8. The Assistant Engineer, Sub Division I (Rev), Works Division IX (PHE), Public Works Division, Government of Goa, Monte, Margao, Goa.

9.

The Assistant Engineer, Sub Division IV, Electricity

Department, Government of Goa, Margao Goa.

10.

Executive Engineer, Works Division VIII, Public Works Department, Government of Goa, Fatorda, Goa.

11.

Deputy Collector and SubDivisional Officer - I, Salcete, Government of Goa, Margao, Goa

...Respondents.

Mr. Ryan Da Piedade Menezes, Advocate and Ms. Stephanie Alvares, Advocate for the Petitioners.

Mr. Vinoj K. Daniel, Advocate for Respondent No.3. Mr. Neehal Vernekar, Additional Government Advocate for Respondent Nos. 1, 2, 8, 9, 10 and 11.

CORAM: VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ.

DATED: 23rd MARCH, 2026.

ORAL JUDGMENT: (Per. Valmiki Menezes, J.)

1. Registry to waive office objections and register the matters. 2.

Heard Mr. Ryan Menezes, Learned Advocate for the Petitioners, Mr Neehal Vernekar, Learned Additional Government Advocate for

the State and Mr. Vinoj Daniel, Learned Advocate for Respondent No.3.

3. Rule. Rule made returnable forthwith with the consent of the Learned Counsel for the parties.

4.

This Petition takes exception to the following Orders: a). The Orders dated 12.03.2025 and 28.05.2025 passed by the Chairperson of Disaster Management Authority, South Goa; b). Notice dated 05.11.2024, purportedly under Section 190 of the Municipalities Act, issued by the Chief Officer of the Margao Municipal Council;

c). Order dated 02.05.2025 of the Chief Officer, Margao Municipal Council;

d). Order dated 11.06.2025 issued by the Chief Officer, Margao Municipal Council.

5. Shri Vernekar, Learned Additional Government Advocate appearing for the Disaster Management Authority, fairly submits that the Orders dated 12.03.2025 and 28.05.2025 passed by the Chairperson of the Disaster Management Authority were issued without notice to

the Petitioners who claim to be occupants of the building sought to be demolished vide the said Orders. If this be so, the impugned Orders must go. Consequently, we quash and set aside Orders dated 12.03.2025 and 28.05.2025 and direct the Disaster Management Authority to permit the Petitioners to appear before it on 06.04.2026 at 11:00 AM, when all the material that is in the possession of the Disaster Management Authority would be furnished to the Petitioners and the Petitioners would be given an opportunity to file their reply thereafter. The Authority may then dispose of the matter within a period of six weeks from 06.04.2026.

6. Insofar as the three Orders passed by the Chief Officer of the Margao Municipal Council purportedly to be under Section 190 of the Municipalities Act, we note that prior to the issuance of the said Orders, no formal notice was issued to the Petitioners. There may be some material on record to suggest that the Petitioners requested postponement of the site inspection, but such a request cannot be considered as a notice in compliance with the principles of natural justice. In this scenario, we deem it appropriate to quash and set aside the aforementioned three Orders of the Chief Officer of the

Margao Municipal Council dated 05.11.2024, 02.05.2025 and 11.06.2025.

7. The Petitioners shall appear before the Chief Officer, Margao Municipal Council, on 09.04.2026 at 03:00 PM. The Chief Officer shall formally issue notice to the Petitioners and furnish to the Petitioners all material, including any reports that the Chief Officer would consider, for the purpose of exercising jurisdiction under Section 190 of the Municipalities Act. Sufficient time would be granted to the Petitioners to file their replies, and the matters shall be disposed of within six weeks from 09.04.2026.

8. Rule is made absolute in the aforesaid terms. No costs. AMIT S. JAMSANDEKAR, J. VALMIKI MENEZES, J. Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 24/03/2026 10:21:40