Revocation of NOC Invalidated: Upholding Property Rights in Goa Mrs.

Headnote

The High Court of Bombay at Goa quashed the revocation of the No Objection Certificate (NOC) issued to the petitioners by the Village Panchayat of Verna, ruling that there was no statutory authority for such revocation and that principles of natural justice were violated by not providing the petitioners an opportunity to be heard.

Background

1. Petitioners possess property in Verna Village, for which they applied for NOC for sub-division.
2. They received a provisional technical clearance in January 2023 and a final NOC in November 2024.
3. A complaint led to a show cause notice to revoke the final NOC based on Gram Sabha objections.
4. Petitioners contested this through the current Writ Petition.

Court’s Observations

1. The revocation was based solely on Gram Sabha objections, which lack legal authority in this context.
2. The Petitioners complied fully with all conditions and had already exercised rights associated with the NOC.
3. No evidence of misrepresentation or false statements were found.
4. Principles of natural justice were violated as the petitioners were not granted a hearing.

Legal Provisions Discussed

1. Goa Panchayat Raj Act, 1994 (particularly Section 6).
2. Goa, Daman and Diu Village Panchayats (Regulation of Buildings) Rules, 1971.

Case Details

Mrs. Prerna Khetrapal & Ors. vs. Village Panchayat of Verna & Anr.

Coram: Dr. Neela Gokhale, J.