PANAJI
The High Court of Bombay at Goa on Tuesday disposed of a writ petition filed by four residents of Assagao and Anjuna challenging the alleged arbitrary demolition and road-widening activities, after the State assured it would not act against their properties without following due process of law.
The petitioners “ Desmond Alvares, Janice John Plavinkal, Wilma Mary Rodrigues, and Erwin Francis Fonseca “ had approached the court, claiming that their ancestral houses, some of which were over 200 years old, were under imminent threat of demolition at the behest of MLAs Michael Lobo and Delilah Lobo.
The residents alleged these were carried out without land acquisition proceedings, compensation or adherence to judicial directives.
The plea relied on the Supreme Court’s 2022 bulldozer judgment, the High Court’s order of March 6, 2025, in PIL Suo Motu No. 3/2024 and a government circular of December 26, 2024, all of which laid down specific safeguards before any demolition was undertaken.
It stressed that any illegal takeover of private property without due process would amount to bypassing land acquisition proceedings, denying adequate compensation to the petitioners, and violating Article 300A of the Constitution of India.
The petitioners contended that these were being flouted, with walls of private houses and chapels already demolished and drains constructed abutting compounds, causing damage during the monsoon.
They also alleged that the Anjuna police did not act on their complaints of illegal road widening and criminal trespass, and instead gave police protection for the works to the Lobo couple.
When the matter was taken up, Advocate General Devidas Pangam, appearing for the State, gave an undertaking that no action would be taken against the petitioners’ properties without following the March 6 judgment, the December 26 circular and the Supreme Court’s directions.
The Division Bench of Justice Bharati Dangre and Justice Ashish Chavan accepted the statement as an undertaking given to the court, stating, “We deem it appropriate to dispose of the writ petition. We must also clarify that if any action is contemplated by the Panchayat, it is also bound by the same law which is to be followed by the State Government.”
