Quasi-judicial panchayat proceedings permit a Commissioner's report and demolition of unauthorised construction when local action fails.

Under the Goa Panchayat Raj Act, proceedings concerning unauthorised construction are treated as quasi-judicial, and provisions analogous to the Code of Civil Procedure may support appointment of a Commissioner to ascertain whether additional structures are old or newly made. The burden lies on the person who carried out the construction to prove that the work was lawful and sanctioned. Where the Panchayat fails to act on complaints about construction made without permission or contrary to rules, the Deputy Director may assume the Panchayat's powers and proceed with demolition. The note states that the Commissioner's appointment was valid and the demolition order was sustained.

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Issues: Whether the Deputy Director could appoint a Commissioner and act upon the Commissioner's report in proceedings under the Goa Panchayat Raj Act; and whether the authorities were justified in directing demolition of the disputed construction under the statutory scheme.

Analysis: The proceedings before the Panchayat authorities were treated as judicial in nature, and the statutory provisions conferring powers akin to those under the Code of Civil Procedure supported the use of a Commissioner to ascertain the factual position. The appointment was held to cause no prejudice and was justified to determine whether the additional structures were old or newly made. The burden rested on the person who carried out the construction to establish that the work was lawful and sanctioned. On the statutory scheme, where the Panchayat failed to act on complaints regarding construction made without permission or contrary to the rules, the Deputy Director was entitled to assume the Panchayat's powers under the Act and proceed for demolition.

Conclusion: The appointment of the Commissioner was valid, the Deputy Director had jurisdiction under the Act, and the demolition order suffered from no illegality or infirmity.

Final Conclusion: The writ petition failed and the orders directing demolition of the unauthorized construction were sustained.

Ratio Decidendi: In proceedings under the Panchayat law, where the authority acts in a quasi-judicial capacity and the Panchayat fails to act on unauthorized construction, the Deputy Director may assume the Panchayat's powers and rely on a Commissioner's report to determine the factual position for demolition action.

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