PANJIM: The High Court of Bombay at Goa has directed the District administration to modify its order that directed the Veling-Priol-Cuncoliem panchayat not to issue NOC for release of water and electricity connection to a developer.
The order was passed in a writ petition challenging the order of the Ponda Deputy Collector directing the panchayat not to issue NOC to the developer as he allegedly converted the land illegal by cutting the hill, clearing the bushes/trees and making more than 150 plots having an area of 250 sq mtrs each. An appeal against the order of the deputy collector was dismissed by the Administrative tribunal. The petitioner had then challenged the order before the High Court.
The petitioners denied any illegal conversion of the land stating they have only carried out “improvements” as per the law. Advocate Wilbur Menezes, who appeared for the petitioners, stated an inspection by Town and Country Planning Department and the talathi did not disclose any violation.
High Court Justice C V Bhadang observed, “There is a serious doubt as to whether, in the exercise of the power under Section 33 of the Goa, Daman and Diu Land Revenue Code, the collector could have directed the village panchayat not to issue any NOC for release of electricity or water connection, even under the Health Act. These are essentially statutory powers governed by the relevant act and the rules framed there under.”
“In my considered view, the part of the order passed by the learned Deputy Collector, directing the village panchayat, not to issue the NOC for release of water/electricity connection even under the Health Act, can be appropriately modified,” the court stated.
Reacting to the order, Menezes said that the High Court observation is of great legal significance as the deputy collectors for years have been issuing directions to local bodies under Section 33 without any statutory or legal backing.
