PANJIM: The High Court of Bombay at Goa on Wednesday condoned the lapse and refrained from initiating any action under the Contempt of Court Act against the Corporation of the City of Panaji (CCP) Commissioner, for failing to take action against an illegal construction.
The Saras Co-operative Housing Society Ltd, Patto-Ribandar through its chairman Shrikant Gaonkar had filed a petition under the contempt of court against the CCP commissioner, for failing to initiate action against an illegal structure on the sixth floor of the society’s building despite High Court order.
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Stating that the orders by the Court include the timeline set out therein that must be obeyed, the Court considered the explanation provided in the affidavit including the fact that the present CCP Commissioner was deputed and assigned some works during the National Games till November 9 last year.
At the same time the Court remarked that the authorities, who are directed to act must not force the parties to approach the Court for initiation of its contempt jurisdiction.
Representing the CCP, Adv V Braganza stated that a show cause notice dated January 24, 2022, was already disposed of by judgment and order dated February 13, 2024. He further stated that now there was compliance with directions issued by the Court in its judgment and order dated September 27, 2023. After going through the lengthy affidavit filed by the Commissioner, the Court said that there was no explanation as to why no application was filed for extension. The Court with utmost distress said that it was only after the petitioner was forced to institute the contempt petition that the Commissioner had acted.
