Regularisation of Unauthorised Construction Act, 2016 – Section 3 – For structures to fall within the scope and ambit of any of the constructions listed in the provision, which can be considered for regularization, corroborating ownership claim by the Applicant to the said property is paramount.

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.92 OF 2026

(Coram: DR. NEELA GOKHALE, J.)

Decided on: 06.07.2026

VASANT HARMALKAR                                                         … PETITIONER

VERSUS

THE DEPUTY COLLECTOR AND SDO

AND ANR.                                                                             …. RESPONDENTS

 

Regularisation of Unauthorised Construction Act, 2016 – Section 3 – For structures to fall within the scope and ambit of any of the constructions listed in the provision, which can be considered for regularization, corroborating ownership claim by the Applicant to the said property is paramount.

Held

A plain reading of the provision under which unauthorised construction may be regularised under the Act indicates that the person seeking such regularisation must be the absolute owner of the property or hold it jointly with other co-owners.

In view of the foregoing discussion, I have found no infirmity in the impugned orders. The Petitioner has failed to establish ownership, whether individual or otherwise, that would entitle him to benefit from the provisions of the Act and to regularise the unauthorised construction. Alternatively, even accepting the Petitioner as a co-owner of the structure as per his claim, he has failed to obtain an NOC/consent from his alleged co-owners. (Para 8, 9 and 17)

For Judgment Click 👇

Vasant Harmalkar Vs. Deputy Collector and Anr.