MONDAY, MAY 06, 2024
PANJIM, APRIL 6
With there being more than one instances wherein important files from the custody of competent authorities have gone missing, one of the affected parties have sought intervention of the High Court requesting it issue orders to appoint a competent person or body of eminent stature to assist the court in the process of laying the precedent for dealing with the use of xerox copies of plans where the original approved plans have gone missing.
One Amit Juneja and Taleigao Bachao Abhiyan (TBA) had petitioned alleging that a local builder had encroached on a space earmarked for commercial purposes at Nagalli. The area was shown as open space in the Outline Development Plan (ODP) for Taleigao village. The open space was reserved for a park, playground and recreational purposes as per the sub-divisional plan, submitted the petitioners.
The petitioner Amit Juneja had applied under the Right to Information Act for sub-division plan pertaining to the open space, part of which is allegedly encroached upon by the builder. The petitioner has named Mahesh Advalpalkar in the petition. However, North Goa Planning & Development Authority (NGPDA) expressed its inability to provide information saying that the file pertaining to that land was missing from their records.
SURVEY ORDERED: In this regard the High Court then directed NGPDA to “survey and demarcate the open space and reconstitute plot no 78” and submit a report to the Court.
The surveyor in his report submitted that “xerox copy of the sub division plan approved in the year 1978 (SMK Complex at Nagali Taleigao 2nd Phase for final NOC) cannot be relied upon for survey as the scale mentioned on the plan was not tallying with the plan. The Surveyor therefore refused to use the reference points from the Approved Sub Division plan 1978 and used the only available original site plan and completed a survey which resulted in serious factual errors, says the petitioner.
Thereafter, High Court on March 29, ordered NGDPA to “prepare a fresh plan and report indicating the plots and open spaces as they existed under the SD plan of 1978”.
NO SURVEY! In the first meeting held on March 31, NGPDA expressed its inability to conduct the Survey where the original Sub Division Plans were missing. It also expressed apprehension about the ability of the Department of Settlement and Land Records to conduct the Survey using the xerox copy of the Approved Sub Division Plan.
According to the petitioner this has led to an extremely serious situation and therefore warrants immediate attention of the court.
“There have been several instances which have been brought to the notice of this Court where original papers and files pertaining to land records of competent authorities have been said to be missing. “I state that in this case as well a similar situation has arisen. As a result of the files gone missing the detailed survey (as per law) cannot proceed without the original Sub Division plan being a part of the record,” says the petitioner in his affidavit.
ANOTHER MEETING: In the meeting held on March 31, 2010 the NGPDA expressed its inability to carry out the court's order and submitted that this was a job for the Department of Settlement and Land Records. It was reluctant to proceed with handing over the job to the Department of Settlement and Land Records and has called for one more meeting on April 7 and is making an attempt to find the missing sub division plan from a file that was first declared missing and then subsequently, mysteriously found.
“Due to inability of NGPDA to carry out the survey the Court’s order of March 22, 2010 will be rendered infructuous thereby leading to gross injustice to the petitioners and to the public at large” says the petitioner in his affidavit expressing the necessity to appoint a competent professional to assist the court and the respondents in the process of carrying out the Survey with the use of Xerox copies of plans where the original approved plan has gone missing from their respective files.
The petitioners has alleged that it is an attempt by NGPDA to collude with the builder and use the excuse of “missing original sub division plan” to delay the process of conducting the Survey. This will allow builder to quickly put up his structure and create third party rights. The results of the Survey then submitted will have little impact on protecting the precious open space of the area.
Thus the petitioner has prayed that the competent person be directed to carry out the survey of the open space which is the subject matter of this petition and present this to the court by the original deadline of April 28, 2010.
All construction taking place on the basis of xerox copies of plans be stayed till such time that this issue attains clarity.
