FRIDAY, MAY 03, 2024
Team Herald
PANJIM: The High Court of Bombay at Goa has directed the Arpora-Nagoa village panchayat to demolish shops and a house structure within a month from the date of the order and to recover the cost of the demolition from Joseph Paul Fernandes of Mendes Waddo, Nagoa.
The petitioner Vincent Fernandes through his power of attorney Melwin Fernandes had challenged the impugned order passed by the Directorate of Panchayat allowing an appeal filed by Joseph Paul Fernandes against demolition order of a house structure, and granting him liberty to apply for necessary permissions to the competent Authority for regularisation of the illegal construction.
Following a complaint by the petitioner, the Arpora-Nagoa panchayat by demolition order dated June 24, 2014 ordered demolition of the shops built in the agricultural land (paddy field) after filling up and further acting of another complaint, the panchayat issued second demolition order dated July 20, 2014 for demolition of a house structure built in Survey No 28/16.
But the panchayat did not execute the order. The petitioner also instituted proceedings before the Goa Lokayukta for filing of FIR against the panchayat secretary and the then sarpanch for acts of corruption for giving permission for supply of electricity and water connection to the illegal constructions. The Lokayukta had directed registration of FIR against the then panchayat secretary and the sarpanch under the sections of the prevention of Corruption Act.
The High Court has now directed the Block Development Officer (BDO), Bardez and the panchayat secretary to file compliance reports of this order by May 31, 2024. Joseph Paul Fernandes is also directed to deposit in the Court Rs 50,000 within next two weeks as tentative charges for carrying out the demolition. After the demolition of the structures is complete, the village panchayat may raise further demands upon the respondent to recover the actual cost of demolition, in the event the sum directed to be deposited by the order is not sufficient to defray such cost.
The Senior Town Planner, Mapusa is directed to take up appropriate proceedings and pursue the complaint filed by it for prosecution of Joseph Paul under Section 17A of the Goa Town and Country Planning Act and for imposition of appropriate penalty on him.
The Anjuna police is directed to complete the investigation in FIR lodged in 2014, if not already completed and to take a decision on whether to file a final report or otherwise in the matter.
