A. Goa Municipalities Act, 1968 – Scope of Section 303 – The revisional powers can be exercised only if, the Government records its satisfaction that an order examined by it, suffers from illegality or is the product of an irregular procedure followed by the authority or the council. The scope of revision is therefore much narrower than that of an Appeal, and unless the illegality in the order is manifested or the proceedings that were conducted in such an irregular manner that would vitiate the order itself, the powers of revision cannot be exercised to set aside the order under examination.

HIGH COURT OF BOMBAY AT GOA

( BEFORE VALMIKI MENEZES J.)

Writ Petition No. 41/2026

KAPIL MADHUKAR BETGIRI                                              … PETITIONER

VERSUS

Secretary for Urban Development and 13 Ors.                        … RESPONDENTS

 

1. Goa Municipalities Act, 1968 – Scope of Section 303 – The revisional powers can be exercised only if, the Government records its satisfaction that an order examined by it, suffers from illegality or is the product of an irregular procedure followed by the authority or the council. The scope of revision is therefore much narrower than that of an Appeal, and unless the illegality in the order is manifested or the proceedings that were conducted in such an irregular manner that would vitiate the order itself, the powers of revision cannot be exercised to set aside the order under examination.

 

1. Writ Jurisdiction – In technical matters, of the nature where opinions are given that a building is in a ruinous state and requires demolition, such orders ought not to be easily interfered with by a higher authority or Court. (Para 19 to 22 and 38)

 

1. Goa Municipalities Act, 1968 – Section 190 and 303 – Order passed by Chief Officer under Section 190 dealing with removal of buildings, structures which are in ruins or likely to fall is amenable to revisional powers under Section 303 of the Act, 1968 and not amenable to Appeal under Chapter XII. (para 21 and 22)

 

The Petition under Article 227 of the Constitution of India lays challenge to 12 common orders passed by the Secretary, Urban Development, Government of Goa (Respondent No.1) all dated 23.04.2025 (impugned order), passed in Revision Applications bearing Nos. SEC/UD/208/2024 and other companion appeals, filed by Respondent Nos. 3 to 14;

 

By the impugned orders, the Respondent No. 1 has set aside an order dated 18.01.2024, passed by the Chief Officer, Mormugao Municipal Council (Respondent No. 2), directing demolition/removal of a building held to be in a ruinous condition. The Chief Officer has exercised powers under Section 190 of the Goa Municipalities Act, 1968 (the Act).

 

Held:- No valid reasons contained in the impugned orders passed by the Secretary, Urban Development to exercise revisional jurisdiction under Section 303 of the Act, to interfere with the order of demolition dated 18.01.2024, passed by the Chief Officer, as there is neither any illegality or procedural lapse that would vitiate the order, manifest on the face of that order. There was therefore no cause for exercise of revisional jurisdiction; the impugned order of the Secretary Urban Development is therefore quashed and set aside.

 

Chronological list of cases cited

1. Vivek Shantaram Kokate and Others V/s Municipal Corporation of Greater Mumbai and Others 2019 SCC Online Bom 1613

 

2. High Court on its own motion V/s Bhiwandi Nizampur Municipal Corporation & Ors, in order dated 26.02.2022 passed in Suo Moto PIL No.01/2020 by the High Court of Bombay.

 

3. Vikas Premises Co-op Soc Ltd V/s Brihanmumbai Municipal Corporation and 6 ors, in order dated 02.07.2025 passed in Writ Petition (L) No.19422 of 2025 by the High Court of Bombay.

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