PANJIM: The High Court of Bombay at Goa slammed the National Highways Authority of India (NHAI) for not filing the affidavit on time regarding dealing with the issue of illegal hoardings and the Corporation of City of Panaji (CCP) for its casual approach.
The High Court has granted the NHAI one-week time to file the affidavit giving all details subject to deposit of cost of Rs 5,000 in the Goa State Legal Services Authority. The High Court clarified that the cost should be recovered from the concerned officer personally.
On November 17, 2022, the High Court had granted time to the concerned authorities to submit their affidavits including the State authorities, local authorities as well as NHAI, specifically mentioning that affidavits be served at least three days in advance to the amicus curiae. However, said directions were not been complied with and only affidavits of both the District Collectors were handed over when the matter was called out.
Similarly, the affidavit from the Commissioner of City of Corporation of Panaji (CCP) was also filed when the matter was called and no advance copy was furnished to the amicus curiae.
Adv V Rodrigues appearing for NHAI prayed for further time to file an affidavit but the High Court told him that during the last hearing it was made clear that opportunity was given by way of last chance and that there is no application filed for giving reasons as to why the NHAI was unable to file an affidavit.
The High Court in its earlier order dated September 29, 2022, had given all the provisions as well as directed the concerned authority to file affidavits and hand over the copies to the amicus curiae in advance.
The High Court observed that the approach of the concerned authorities and specifically the NHAI is found to be very casual.
Adv Rodrigues submitted that there is only one road coming under the NHAI, which is starting from Verna to Varunapuri which is 13.1-km but the High Court said that when only one road is coming under the NHAI, no affidavit disclosing the policies of the NHAI is placed on record, in spite of giving sufficient time since September 29.
The affidavits of both the District Magistrates stated that survey has been conducted and attached the chart. However, the committee failed to file any affidavit disclosing the reasons about the details mentioned in the chart and specifically the observations in the chart such as “distracts and obstruction”.
The High Court stated that it was surprising that the said committee and the District Magistrates have observed that the number of the hoardings and more specifically those which are identified within four metres from the road are not causing any distraction. The District Magistrates did not refer to any provision of the law under which they are claiming that such hoardings are not obstructing the flow of traffic or causing hindrances.
The High Court was also surprised at the contents of affidavits filed by the CCP which stated that it would do all that is required in order to curb public nuisance affecting the rights of the citizens and that till date no resident or Superintendent of Police (Traffic) had raised such grievance or filed any complaint before the Commission.
The Amicus Curiae had earlier pointed out that the illuminated hoarding put-up in Panjim generate glare in the evening and night causing nuisance to the people in the vicinity and the category of hoarding having running mechanism makes those plying vehicles vulnerable to accidents as their attention is likely to be distracted. The matter has now been posted for further hearing on December 16.
