HC sets aside GCZMA demolition order issued against 'dead man'

PANAJI
An order to demolish a coastal structure in Reis Magos has been struck down by the High Court of Bombay at Goa after it found that the action was taken against a man who had been dead for more than three years when the proceedings began.
In the judgment pronounced on Friday, Justice Valmiki Menezes set aside the Goa Coastal Zone Management Authority (GCZMA) order dated November 7, 2025, which had directed the demolition of a structure in Survey No. 78/1 of Village Reis Magos for alleged violations of coastal regulations.
“This Petition takes exception to an Order dated 07.11.2025 passed by the Goa Coastal Zone Management Authority, directing demolition of a structure, held by it to be constructed illegally and contrary to the Goa Coastal Zone Regulations in Survey No. 78/1 of Village Reis Magos,” the court recorded.
The sole ground raised by the petitioner, Ivor Domnic D’Souza (deceased 's son) was "that the same is passed against a dead person, without hearing his heirs.”
The court noted that the show-cause notice dated December 31, 2021 was issued to M/s Silver Spoon Bar and Restaurant, a proprietorship concern of Benedict D’Souza, who passed away on July 22, 2018.
“Clearly, as on the date of issuance of the Notice, Benedict D’Souza had passed away,” the order stated.
The deceased’s wife opposed the notice and attended proceedings, informing that the proprietor had passed away on the above given date.
“The impugned Order dated 07.11.2025 shall stand quashed only as far as the Petitioner is concerned,” Justice Menezes ruled.
The authority has been directed to implead the legal heirs and “hear and decide the legality of the structure… preferably within two months of the constitution of the Authority.”
“It is made clear that this Petition stands disposed of only on the basis of the ground that the Order qua the Petitioner is a nullity and all other grounds are left open,” the court said.