MAPUSA: After carrying out an anti-encroachment drive for almost six days and clearing encroachment from major parts of the town including part of the Mapusa municipal market, the Director of Municipal Administration (DMA) on Tuesday directed the chief officer to refrain from seizing articles, goods and other valuables.
The directions were issued after a Mapusa resident Mahesh Rane filed an appeal before the DMA against the MMC chief officer in terms of Section 293 of the Goa Municipalities Act, 1968.
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Rane in the appeal alleged that the municipality is illegally, unlawfully, arbitrarily, and by using force, is taking away the valuables belonging to shopkeepers and stall owners under the pretext of removing encroachments, and ‘committed illegal and unlawful act’.
Rane said that as per the Section 293 of the Goa Municipalities Act, 1968, the goods seized have to be returned to stalls owners or shopkeepers after imposing fines. However the goods and articles were being haphazardly picked and put in the truck while confiscating the same.
Rane also said it was mandatory on part of the chief officer to make an inventory/panchanama of the seized items/goods/articles during the course of any action. Also, he alleged that MMC chief officer has adopted the pick and choose policy as per his wishes, which is biased”.
“Since respondent has not made any such inventory/panchanama, the act of the respondent is illegal,” Rane said.
He also alleged that “mostly the seized materials were taken away by the workers/officials for their own use at home, which solicits an inquiry against this unlawful act”.
After hearing the appellant, the DMA observed, the action of chief officer to seize the articles items, goods from the shop owners, that too such seizure without making any inventory of goods before seizure of these material and also after the seizure and that not making any panchanama of the goods, material and articles seized, is contrary to the provision of seizure. The chief officer shall follow the proper procedure of seizure and proper inventory of goods and its panchanama be carried out before, during and after its seizure. Even if it is clearing of encroachment the valuable goods should not be damaged or destroyed during the seizure.
The matter is now fixed for June 15.
