Authority: High Court of Bombay at Goa
Order Date: 12 October 2026
Case Overview
- Petitioners: Zubeda Khan (deceased) through LRS Amina Khan, challenging demolition of a toilet constructed by the petitioner's mother.
- Respondents: Margao Municipal Council and its Chief Officer.
- The petition contests two orders: the municipal council’s demolition order dated 25‑10‑2021 (Case No. MMC/C.O./HR‑573/21‑22) and the appellate authority’s upholding order dated 02‑02‑2026 (Case No. 35/2022).
- The demolition was ordered because the toilet was built without any construction licence or permission from the competent authority.
- Petitioners claimed the toilet was erected under the Swachh Bharat Abhiyan scheme, but no sanction or permission was produced.
- The Court observed that the scheme does not legalise construction that violates statutory provisions and found no ground to invoke writ jurisdiction under Article 227 of the Constitution.
Final Outcome
- The writ petition is dismissed. The demolition order and the direction to recover demolition costs from the petitioner’s mother remain in force.
Topics: Legal; Municipal Regulation