Team Herald
PANJIM: It was upholding the gram sabha resolution that revoked NOCs to liquor outlets in Surla village of Sattari taluka, that the Director of Panchayats dismissed a petition filed by the liquor vendors.
Challenging the gram sabha resolution, the liquor traders had approached the Director of Panchayats against resolution dated August 16, 2018 passed by the panchayat of Dongurlim-Thane which had revoked the NOCs addressed to the Excise Department for grant of liquor.
The order pronounced by Siddhi T Halrnkar, Additional Director of Panchayat, states, “The petition dated 31/8/2018 by the petitioners is hereby dismissed, the special gram sabha resolution dated 22/07/ 2018 is held just and lawful. The resolution dated 16/08/ 2018 main of the village panchayat Dongurlim-Thane Sattari is held just, proper and lawful.”
The order states that the special gram sabha on August 22, 2018 was conducted in view of the prohibitory orders issued by the District Magistrate North Goa on the sale of liquor and on account of the villagers agitating against the sale of liquor was the cause of continuous nuisance and mischief done to the female villagers and the children by the tourist entering in the village only to consume liquor and create ruckus.
The director observed that the functions of the gram sabha are specifically elaborated in the Section 6 of the Goa Panchayat Raj Act, 1994. However, the interest and welfare of the villagers is the very base on which the whole concept of gram sabha vests.
“Gram sabha is a voice of the masses and the same cannot be suppressed and curtailed within the parameters of Section 6 of Panchayat Raj Act, 1994. The interest of few individuals cannot be allowed to
surface against safety of entire village,” it said.
Further, the order reads, the very fact that the District Magistrate had to impose Section 144 CPC shows that the situation and panchayat jurisdiction was out of control and the authority had to twice ban sale of liquor in order to avoid law and order situation.
“The gram sabha resolution came only after the interest and welfare of the villagers and hence the same is lawful and not contrary to any provisions of the Goa Panchayat Raj Act, 1994 and the other laws in force,” it said.
The order also observes that Dongurlim-Thane was in receipt of the letter dated August 14, 2018 from the Additional Commissioner of Excise when it was enquired NOCs issued by the panchayat were revised or not as the same was required for onward submission to District Magistrate
“Moreover, there was a prohibitory order of the District Magistrate against the sale of liquor within the panchayat jurisdiction. Also the special gram sabha had resolved not to permit any sale of liquor within the panchayat jurisdiction. The fortnightly resolution of 16/8/2018 issued by the panchayat was based on these factors and their decision to revoke the NOC for grant of liquor licence was just, fair and lawful,” it says.
