MARGAO: The High Court of Bombay at Goa disposed a petition challenging an order of the National Green Tribunal (NGT) against a review petition of one Eliano Pereira of Anjuna. The NGT had passed an order on May 2, 2017 directing sanction to prosecute Pereira for perjury for providing false and misleading information to the tribunal. Pereira claimed that his advocate was not present during the review petition before the NGT and that he was not heard.
The High Court in its order stated, “Considering the nature of the order passed by the tribunal and the scope of review jurisdiction and that the remedy is available to the petitioner to challenge both the orders, we do not think that any case is made out for extending the equity jurisdiction of this court and that the only indulgence that can be granted is some protection to the petitioner to take the challenge further.”
In May 2017 the NGT, western bench, disposed of a petition filed by Kashinath Shetye, Ketan Govekar, Sudip Tamankar and Sonia Saterdekar, which had sought directions to demolish remains of an illegal structure at a property in Anjuna as it falls in No Development Zone under CRZ. Pereira, in his reply before NGT said the structure existed since the time of his ancestors, that is prior to 1991, and that other structures of temporary nature were demolished and dismantled. NGT observed that the respondent made false statements before them and that there are sufficient and reasonable grounds for setting the machinery of criminal laws in motion for the offence of perjury.
Accordingly, it directed its Registrar to initiate prosecution against Pereira for the commission of an offence punishable under Section 193 of IPC. The government has been directed to provide all legal, ministerial and logistical assistance to the Registrar to carry out the procedure. Thereafter, Pereira approached the Tribunal with a review petition in May 31, 2017 which was disposed off on July 3, 2017. Thereafter, Pereira approached the High Court on August 11, 2017.
