Team Herald

MARGAO: The Carmona Panchayat suffered a setback with the Additional Director of Panchayat allowing the appeal filed by M/s Kayji Real Estate Pvt Ltd and suspending the resolution taken on October 22, 2017 to keep on hold the application for renewal of trade licence.

The panchayat at its meeting on October 22, 2017 decided to keep the application on hold and as the applicants were using residential premises for commercial purpose and asked the applicants to produce permissions or licenses from competent authority permitting the change of use of premises from residential to commercial.

Aggrieved by this decision, Kayji Real Estate Pvt Ltd that runs the Verda resort in Varca filed an appeal before the Director of Panchayats on October 27, 2017 which was allotted to the Additional Director of Panchayat at Margao who decided the matter on January 22, 2018.

Incidentally, Kayji Real Estate Pvt Ltd filed the appeal against the Sarpanch of Carmona, the Carmona panchayat and two villagers namely Glowcosta D’Costa and Rodwinson A C Rodrigues.

Kayji Real Estate Pvt Ltd plea was that they are running a resort, spa and restaurant in their property at Carmona based on licenses issued by the panchayat and said that though the occupancy certificate was for residential purpose, the then Sarpanch of Carmona on October 27, 2016 issued three trade licenses for resort, bar & restaurant and spa.

They further pleaded that they had not only paid the license fees which was accepted by the panchayat but had also obtained the Food and Drug License and also registered themselves with the Tourism Department. 

They further argued that the new body cannot refuse renewal to a license granted by the previous panchayat as it is in violation of the principles of promissory estoppels.

The panchayat in defense said the trade license was obtained by misguiding the panchayat and argued that granting trade license did not mean permitting the change of use of land as neither the panchayat nor the Town and Country Planning Department had converted the residential premises for commercial purpose.

The panchayat also argued that the applicant had obtained the establishment license illegally from the sarpanch which was in total contravention and violation of law and was a clear case of misuse of power.

However, while observing that the applicant had invested substantial amount of money based on the licenses granted by the panchayat and as the panchayat had not served any notice to the applicants that their business is obnoxious and posing a health hazard, the additional director of Panchayats allowed the appeal.

Fearing that the panchayat may file an appeal, Kayji Real Estate Pvt Ltd has filed a caveat before the District Court at Margao, Director of Panchayat, Panjim and the Administrative Tribunal, Panjim.

“We shall decide about this matter at our body meeting on February 24,” said Savita Mascarenhas the newly elected Sarpanch of Carmona.