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The Bombay High Court dismissed Abdul Linganmata's application seeking regularisation of his structure in Assolda, Goa. Linganmata's property, located in an orchard zone, was built without necessary permissions or land conversion, making it an illegal structure. Despite claiming the structure had existed for decades, the High Court agreed with previous rulings that his property was a new, unauthorised construction. The court emphasised that the Regularisation Act only applies to irregular, not illegal structures, and therefore, Linganmata's application could not be entertained.
The Bombay High Court recently dismissed the application filed by Abdul Linganmata, who sought the regularisation of his structure at Assolda. Both the panchayat and the district court had ruled that the structure was new and illegal. Linganmata had challenged the district court's decision before the High Court. Advertisement
The High Court ruled that applications under the Regularisation Act could only be considered for irregular structures, not illegal ones, and only if the structure existed prior to February 28, 2014. The court stated that Linganmata's structure, built in an orchard zone without land conversion or permissions, was illegal and not merely unauthorised.
The High Court also noted that the structure was erected on a plot without conversion to non-agricultural use, as required by the Land Revenue Code, or without the necessary approval from the town planning department, as per building regulations.
Linganmata argued that he had purchased the property, which had an ancestral house and storeroom, and claimed the structures had existed for 80 years. He further stated that he had been residing in the unauthorised structure since 2013 and had requested the panchayat to regularise it, providing him with a house number and NOC for electricity and water.
In January 2018, the panchayat issued a notice stating that the structure was unauthorised and newly constructed, ordering its demolition within seven days. Linganmata appealed to the Director of Panchayats, whose decision upheld the demolition order. He then took the matter to the district court, which dismissed his application, noting that no structure was mentioned in his sale deed or shown on the plan attached to it.
The High Court further affirmed that Section 3 of the Regularisation Act does not grant unrestricted power to the authorities to regularise structures but allows them to consider applications for regularisation. This ruling emphasises the importance of adhering to legal and regulatory frameworks when constructing properties.
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