PANJIM: The Goa Municipalities Appellate Tribunal has dismissed the appeal filed by the Quality Exports against the Cuncolim Municipal Council (CMC) order directing the Quality Exports to demolish the illegal construction.
The Tribunal has observed that the appellant has not produced any valid licence from the CMC to show that the construction ordered to be demolished has been carried out with due permission or licence of the municipality and/or is legal. The appellant has not proved the legality of the construction.
The Tribunal pointed out that in its reply to the show cause notice, the appellant had contended that the existing well has been repaired and surrounded by part compound wall in order to protect the plot from any damage.
“It is not the case of the appellant that the repairs have been carried out by the Sociedade de Agricuolla de Gauncaris Cunoclim e Veroda,” the Tribunal has said.
It has further said that by the impugned order, the appellant has been directed to demolish the illegal construction of laterite masonry walls and fabricated M S pipes railing as per the transgression report which attracts section 184 (1) of the Act and are covered by the expression to ‘construct a building’.
“No fault can therefore be found with the demolition order. Hence the question for consideration is answered in the negative,” it added.
Earlier, Adv Sahil Sardessai, who argued on behalf of complainant Adv Patrick Monteiro submitted that the said construction was carried out in blatant violation of the law and that it cannot be regularised. He relied upon a High Court order which stated that demolishing a house and putting up new construction in its place is illegal, unauthorised and high-handed act.
The CMC chief officer by an order dated April 20, 203 had directed the Quality Exports to demolish an illegal construction.
