TEAM HERALD
teamherald@herald-goa.com
PANJIM: Will the ‘competent authorities’ now demolish the illegal structure that had been erected North Goa Planning and Development Authority land at Porvorim, after the recent of Mamlatdar of Bardez?
On March 22, the Mamlatdar disposed off a petition by proponents of the structure who sought that he review his September 12, 2012 order to demolish the illegal structure within two weeks, making this yet another order which mandates that the structure should be demolished in the third year of its existence.
The September 12 order, the Mamlatdar said that the structure was clearly illegal and that it should be demolished within two weeks or his office would do it and the cost would be recovered from the proponents, now stands as the petition seeking review of the order has now been dismissed.
“In the facts and circumstance of the case and in terms of the clear legal exposition governing the realm, I… do not find any merit in the application filed by the applicants… seeking review of the order passed…,” the mamlatdar’s March 22 order reads.
When the structure first came up on government land, an FIR was lodged against unknown persons for trespassing on government (NGPDA) land. This despite the fact that persons who were behind it not being entirely ‘unknown’ with them having come under the banner of the “Shree Bal Ganesh Mandir Association”
After complaints, by a group of residents the issue was brought before panchayat secretary. He wrote to the NGPDA, who replied that the structure was not NGPDA’s doing and hence it should be removed.
On May 12, 2011, the Member Secretary of the NGPDA wrote to the deputy collector to remove the unauthorised structure. The deputy collector in turn wrote to the mamlatdar to inspect the site and take action.
The mamlatdar in turn wrote to the talathi of the Pilerne Panchayat asking him to conduct another inquiry following which another site inspection by the sarpanch and his deputy followed. After the panchayat sent a notice and did detailed verification and confirmation on June 17, the mamlatdar of Bardez passed an order directing that the structure be demolished within 48 hours, in 2011.
Following this order, there were letters from the Chief Secretary, the Revenue Secretary and collector, to the deputy collector asking that action be taken.
Frustrated with the delay, a group of residents opposing the structure and seeking to protect government land, approached the High Court, which on March 22, 2012 disposed the case after an assurance from the mamlatdar of Bardez to the Court that the structure would be demolished within four weeks.
Just before the time frame could expire, the proponents approached the High Court saying that they have not had an opportunity to be heard, following which the Court directed the mamlatdar to hear them and pass appropriate orders, which he did March 22nd and ordered that the illegal structure be demolished.
The review application, once again at the fag end of the time period to demolish has now been disposed. However, till date the structure is yet to be demolished, in apparent disdain for the law and those who have passed orders for its removal and has in fact the issue has only grown bigger and won more supporters.
