PANJIM: The High Court of Bombay at Goa on Thursday directed the Mapusa Municipal Council to verify that the 40 stalls are closed and they are not operated till the appeal is disposed of by the government.
The order was issued by Justice Bharat P Deshpande after respondent Atmaram Gadekar submitted an undertaking that he will close down all the commercial activities from the stalls from Friday November 10, itself and the premises shall be closed till the appeal is disposed of by the State government i.e. Urban Development Minister.
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The High Court took note of objection raised by Adv Rohit Bras De Sa that Gadekar under the garb of an order passed by the Mapusa Municipal Council and inspite of demolition order was continuing with his commercial activities from the said stalls.
Advocate De Sa pointed out that the order passed by the municipal council was wholly without jurisdiction as appeal lay with the government and the Administrative Tribunal was not having any power to disturb such order of the chief officer.
The Court observed that since the Mapusa Municipal Council had already issued an order of demolition, the contention raised by the petitioner Jawaharlal Shetye of Khorlim-Mapusa against the impugned order dated October 10, 2021, passed by the municipal council was only for academic purpose.
“Since the demolition is already ordered, the order passed by Mapusa Municipal Council is otherwise non est (does not exist). The petitioner is at liberty to raise such issues in appropriate proceedings,” the HC said.
On September 27, the municipal chief officer had directed that the 40 stalls of Atmaram Gadekar be demolished.
An order of sealing of premises was passed by the chief officer on October 26, 2021. The order was passed by expressing powers under Section 18(4) of the Goa Municipal Act as well as after issuing show cause notice.
