Team Herald
PANJIM: The High Court of Bombay at Goa has directed the State government to inquire into an unauthorised structure allegedly belonging to Mormugao Municipal Council (MMC) Chairperson Deepak Naik, and submit a report within six weeks.
The bench comprising Justices N M Jamdar and Nutan Sardessai pronounced the order after hearing a petition filed by one Chandrakant Vast alleging that an unauthorised construction had come up in a plot at Vasco. He had contended that though one Sandeep Shirodkar is occupying the premises and is shown to be an owner, the premises are under use and control of the MMC Chief.
Shirodkar, in his reply submitted that though the structure may be unauthorised, an application for regularisation was made. “Earlier there was an old and dilapidated structure, which is only repaired and no new construction is put up,” he said, while the MMC Chief denied the structure was his.
The court observed that from the material placed on record by the petitioner, the structure seems to be newly constructed and not a repaired structure. Secondly, the photographs placed on record, which also have not been specifically controverted by Naik, show that he along with his wife are performing pooja in the premises. Naik submitted that he attends such poojas being a public figure and sometimes assists in conducting poojas and that the photographs are from Facebook and do not have evidentiary value.
“Prima facie, the stand taken by both respondents does not appear to be tenable. It is clear from the photographs, which prima facie indicates the involvement of Deepak in the said premises. Though the law has prohibited benami transactions, the Court cannot be oblivious of the ground realities. Since he is the Chairman of the concerned Municipal Council, there should not be any doubt at all regarding his conduct. We therefore find it appropriate that the issue is looked into by the highest level of the State and if he is not found to be involved, it will enure to his benefit as well,” the bench stated.
The Chief Secretary has been directed to look into the matter after holding an enquiry through a responsible officer and file a report in the Court within six weeks.
In the meanwhile, the Principal District Judge, South Goa, Margao has been directed to appoint a suitable officer as a Receiver to take symbolic possession of the premises and place a board on the premises. So also, the South Collector is asked not to proceed with the regularisation while the inquiry is on.
