Supreme Court Sets Aside High Court Order in Goa Property Access Dispute

The Supreme Court of India recently delivered a judgment in the case of Filomena Saldanha vs. Sunil Kohli & Ors., addressing a dispute over a construction license and access pathway in Goa. The case, which originated from a Village Panchayat’s refusal to grant a construction license, eventually reached the Supreme Court after multiple rounds of litigation. The judgment, delivered by Justices Pamidighantam Sri Narasimha and Joymalya Bagchi on April 29, 2025, set aside the orders of the Bombay High Court at Goa and restored an application for clarification to be heard afresh. Here’s a detailed breakdown of the case and the court’s reasoning.

The dispute began when the respondent, Sunil Kohli, sought a construction license for his land adjacent to the appellant’s property. The Village Panchayat initially refused the license, but the Deputy Director of Panchayats overturned this decision on appeal, directing the Panchayat to grant the license. The appellant, Filomena Saldanha, challenged this order, arguing that the construction would obstruct a pathway. The Director of Panchayats allowed her appeal, but the respondent filed a revision application before the District Judge, which was delayed by 122 days (or 360 days, as per the appellant). The District Judge condoned the delay, prompting the appellant to file a writ petition in the High Court.

During the pendency of the writ petition, the parties reached a settlement. The respondent agreed to maintain a 3-meter-wide access pathway as per the Director of Panchayats’ order and withdrew his revision application. The High Court disposed of the writ petition, recording the settlement. However, the respondent later filed an ‘Application for Speaking to the Minutes,’ seeking clarification on the exact location of the pathway. The High Court allowed this application, specifying that the pathway should run along the western boundary of the property as depicted in a plan marked ‘X.’ The appellant challenged this order through a review application, which was dismissed by the High Court.

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In its judgment, the Supreme Court noted that the ‘Application for Speaking to the Minutes’ was filed a month after the High Court’s order and disposed of a year later. The appellant argued that the plan marked ‘X’ was never accepted by her and that the High Court had effectively exercised review jurisdiction under the guise of correcting clerical errors. The court observed:

‘The High Court has treated the application for modifying an order as if it were exercising review jurisdiction, which is impermissible as such applications may only enable courts to correct clerical or typographical errors.’

The Supreme Court emphasized that the appellant was not given a proper opportunity to contest the respondent’s application for clarification. The court held:

‘We are of the opinion that the interests of justice will be subserved if the appellant is given an opportunity to contest the Application for Speaking to the Minutes. At the same time, the respondent should also have the opportunity to seek the modification and rectification that he has sought in his application.’

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Accordingly, the Supreme Court set aside the High Court’s orders and restored the application for clarification, directing the High Court to hear it afresh on its merits. The court clarified that it had not expressed any opinion on the merits of the case, leaving it open for the High Court to decide.

Petitioner Name: Filomena Saldanha.
Respondent Name: Sunil Kohli & Ors..
Judgment By: Justice Pamidighantam Sri Narasimha, Justice Joymalya Bagchi.
Place Of Incident: Goa.
Judgment Date: 29-04-2025.
Result: allowed.

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