PANJIM: Cases of illegal construction are beyond the scope of Lokayukta, the High Court of Bombay at Goa stated on Friday, quashing the order of the Goa Lokayukta directing the Director of Municipal Administration (DMA) to hear the complaint regarding illegal construction at Bepquegal, Curchorem.
The Goa Lokayukta had passed an ex-parte interim order dated September 9, 2022 directing the DMA to hear the complaint filed by one James Fernandes against Cynthia Fernandes for allegedly carrying out an illegal construction at Bepquegal, Curchorem and pass suitable order after hearing all the parties within 30 days and to report the action taken to the Lokayukta.
Following this, the DMA had commenced hearings but later referred it to the chief officer of Curchorem-Cacora municipal council, after Cynthia filed a writ petition before the High Court contending that the directions passed by the Lokayukta were beyond the scope and jurisdiction of the Goa Lokayukta Act, 2011 and the Goa Lokayukta Rules, 2012. The petitioner stated that it was the chief officer’s domain to hear the complaint and pass the order.
After hearing all the parties, the High Court Judge Justice B P Colabawalla quashed and set aside the impugned order of the Goa Lokayukta and directed the chief officer of Curchorem-Cacora municipal council, to continue with the proceedings which he had already commenced in respect of alleged illegal construction carried out by the petitioner.
The Court further clarified that the quashing the impugned order passed by the Goa Lokayukta will not in any way preclude the chief officer and/or any other authority from continuing with the proceedings already started and take them to its logical conclusion.
Adv Vibhav Amonkar argued on behalf of the petitioner while, Adv Ashwin D Bhobe and Adv Shaizeen Shaikh represented the Cuchorem-Cacora municipal council and Adv Abhishek Sawant appeared for the DMA.
