In a significant ruling, the District Court in North Goa has overturned eviction orders issued by the Corporation of the City of Panaji (CCP) against five commercial establishments operating within the 'Praca de Commercio' main office complex. The court found that the estate officer of the CCP failed to adhere to the fundamental principles of natural justice while passing the orders last year.
Court Cites Failure to Follow Due Process
The court, presided over by Principal District Judge North Goa, Irshad Agha, set aside the eviction directives after concluding that the estate officer did not consider several crucial aspects of the case. The judge explicitly noted that the officer's order deserved to be quashed due to the absence of any discussion on material facts.
The legal dispute began when the CCP estate officer ordered the occupants of the five shops to vacate the premises within a strict 15-day deadline last year. The corporation had initiated proceedings on the grounds of alleged unauthorised occupation.
Rehabilitation Plans Were Overlooked
However, the shop occupants' legal counsel presented a different narrative in court. The advocate revealed that their clients were formally invited in January 2022 to discuss the proposed redevelopment plans for the municipal building. During these discussions, authorities had talked about the potential rehabilitation of the existing tenants within the proposed new structure.
Furthermore, the occupants had received a concrete proposal regarding the construction of a corporation building on an alternative plot. This proposal included a clear assurance of providing them with alternative retail space. The official plan indicated that the current tenants would be relocated after the project's completion and upon the execution of a formal agreement.
"Nothing of the above points are discussed by the estate officer," observed Judge Irshad Agha in the ruling, highlighting the critical omission that formed the basis for overturning the order.
Fresh Proceedings Ordered Within Four Months
As a remedy, the court has not only invalidated the previous eviction orders but has also issued specific directions for a fair rehearing. The judicial order mandates a fresh review of the entire proceedings, which must be completed within a period of four months.
The case has been remanded back for fresh consideration, either to the acting estate officer or to a newly appointed estate officer. The court's directive ensures that both the CCP and the shop occupants will receive a fair opportunity to present their arguments fully, adhering to the tenets of natural justice that were found lacking in the initial process.
This ruling underscores the legal necessity for government bodies and their officers to follow due process meticulously, especially in matters that directly impact livelihoods and occupancy rights. The shopkeepers can now remain in their premises until the newly ordered proceedings reach a conclusion.
