Panaji, Dec 5 (TNN): The high court of Bombay at Goa has declared as unconstitutional a provision in the Goa Municipalities Act, 1968, that empowered a minister holding portfolio of municipalities to decide an appeal filed against the order of an appellate tribunal that is a judicial authority.

While striking down Section 184 D of the Act, a division bench comprising Justice R M Borde and Justice F M Reis held that it would be impermissible to have administrative review of a decision taken by a judicial or quasi-judicial authority which has trappings of a court.

The high court has ordered that the decisions rendered by the state government in exercise of powers under Section 184D of the Act shall have to be quashed and set aside. Under the Act, the appellate tribunal is constituted for deciding the appeals filed by parties against order of the municipal authorities under the Act. Section 184D provides that an appeal shall lie to the government (minister) against an order of the appellate tribunal. The minister had the power to confirm, modify or annulling an order made or notice issued under the Act.

Sofia Coutinho e Paes and 15 more persons had approached the high court challenging the power given to the minister under the law. Paes' case was argued by senior advocate Nitin Sardessai.

The court further observed, "In the instant matter, presiding officer of the appellate tribunal, as provided under Section 184B of the Act, is a person who has been a district judge or an additional district judge or has, for at least 10 years, held a judicial office in India. The appeal under Section 184B provided to the appellate tribunal is dealt with by a judicial authority which has trappings of a court."

"There cannot be any further appeal to an administrative authority and such an administrative authority cannot be considered competent to hold administrative review of a decision taken by the judicial authority and providing for such a mechanism could be against the scheme of the Constitution," the court added.

During the hearing of the case, advocate general of the state ANS Nadkarni stated that necessary steps have already been taken for initiating appropriate amendment in the Act of 1968. He informed the court that the state government would provide for an alternate forum to deal with the appeals against decisions of the appellate tribunal within a period of three months.

The high court ordered that the appellate authority, on its formation, shall deal with the appeals in accordance with law.