Team Herald
PANJIM: The Bombay High Court at Goa on Thursday pulled up the Commissioner, Corporation of the City of Panaji (CCP) for violating an order of status quo passed by the Principal District Court, Panjim, under Section 9 of Arbitration and Conciliation Act, 1969.
While hearing two writ petitions filed by Mushtak Hussain Khatib and six others and Swati Amonkar, concerning the market complex building, the Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice M S Karnik observed that the CCP had sealed the Panjim fish market building and evicted vendors despite an interim relief granted by the Principal District Court, Panjim. The Court opined that the CCP Commissioner had acted in a high-handed manner and sought to know why he be not held liable for contempt of Court proceedings.
The Principal District Court had asked both, the CCP and the vendors to maintain status quo in an arbitration matter. Despite the order in force, the CCP went ahead and sealed the building and evicted vendors.
The High Court further observed that the Panjim Talathi in his report dated July 29, 2024 had stated that the building was in dilapidated condition and posed imminent danger. Based on the report of the Talathi, the Tiswadi Taluka Mamlatdar had passed an order dated August 7, 2024 informing the same to CCP.
The correct course for CCP would have been to approach the Principal District Court and seek a modification of the status quo order that was in force at the time. However CCP commissioner had directly passed an order on August 16, 2024 evicting the market vendors, thereby violating the earlier order of Principal District Judge, Panjim to maintain status quo.
During the last hearing, the Court had asked the CCP to submit a plan to relocate the meat and fish vendors who had been evacuated from the old and dilapidated Panjim Municipal fish market building. Adv Rohit Bras De Sa and Adv Abhay Nachinolkar argued on behalf of the petitioners. The hearing was later adjourned to Friday, September 27.