Rajiv Meghashyam Nevgi And 3 ORS v. State Of Goa Thr The Chief Secretary And 7 ORS

2026:BHC-GOA:1127-DB Suzana

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.433 OF 2026 RAJIV MEGHASHYAM NEVGI AND 3 ORS ... PETITIONERS

Versus

STATE OF GOA THR THE CHIEF SECRETARY AND 7 ORS ... RESPONDENTS Mr. Sagar S. Sarmalker, Advocate for the Petitioners. Mr. Deep D. Shirodkar, Additional Government Advocate for Respondent No.1.

Mr. Ravi Anand, Advocate for Respondent No.7. CORAM:- VALMIKI MENEZES & HITEN S. VENEGAVKAR, JJ.

DATED :- 16th June, 2026 ORAL ORDER:

1. Having heard this Petition, the main grievance of the Petitioner is that the Mormugao Municipal Council has passed an Order dated 05.06.2026 raising exorbitant amount of Rs.20,00,000/- (Rupees Twenty Lakhs only) towards the cost of demolition of a dilapidated building known as "Neogi Mansion", in Vasco City; the relief sought in the Petition is for a mandamus to the Municipal Council to carry out the demolition in accordance with the Order passed under Section 190(4) of the Goa Municipalities Act. Whilst pressing for this relief, it is also submitted by the Learned Counsel for the Petitioner that though the Order dated 28.10.2025 is passed under Section 190 of the

Municipalities Act, it does not specify in so many terms that the Petitioner is required to demolish the building.

2. We have perused the notice dated 28.10.2025. The said Order considers a report of the Government College of Engineering, which is dated 21.07.2025, which opines that after conducting several tests on the structure of the building, the building is at an advanced stage of deterioration and cannot be retrofitted. It further opines that the said structure is unsafe in its current condition and that continued occupancy poses a serious risk to life, especially under natural events such as heavy rains, high winds, or seismic activity, which could trigger a sudden and partial or total collapse. Based upon this opinion, the Chief Officer has exercised powers under Section 190 of the Goa Municipalities Act, 1968 and has passed an Order directing that the building be "pulled down". In other words, exercise of jurisdiction under Section 190 of the Act has resulted in the passing of the Order dated 28.10.2025 directing the concerned building to be demolished/pulled down.

3. Without entering into the bill of costs raised by the Municipal Council that the amount of Rs.20 lakhs, as the estimate for demolition of the building, on instructions, Learned Counsel for the Petitioner now submits that the Petitioner himself would have the building demolished in compliance with the order dated 28.10.2025 passed under Section 190 of the Municipalities Act, within a period of two

weeks from today and bear the entire cost of such demolition; needless to state, if the Petitioner does not comply with the statement made before us, the Chief Officer of the Mormugao Municipal Council shall proceed to execute the order of demolition under Section 190 of the Goa Municipalities Act, and complete the same within four weeks after expiry of the period of two weeks stated by the Petitioner. Needless to state that the Police and Fire Authorities, i.e. Respondent No.5 and 6 for the City of Vasco, Vasco-da-Gama, may provide such assistance to the Petitioner as is necessary while carrying out the demolition, which may be paid assistance for carrying out the demolition Order dated 28.10.2025.

In the event the Municipal Council is forced to proceed in carrying out the demolition, it shall recover the entire cost of such demolition from the Petitioner in the usual modes provided under the Municipalities Act.

4. The Petition stands disposed of in the above terms. HITEN S. VENEGAVKAR, J.

VALMIKI MENEZES, J.

Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 16/06/2026 16:18:41