Team Herald
MARGAO: Majority of the Cana Benaulim village panchayat members abided by legal advice and decided against stopping the construction work undertaken at Mellant in Mazilwado of the village.
However, four members disagreed with the legal advice and suggested that the panchayat file an appeal against the order of the Additional Director of Panchayats.
Advocate Joel Mendes, who was specially invited for the emergency meeting held on Tuesday, pointed out that the Additional Director of Panchayat had already quashed and set aside the stop work order issued by the panchayat earlier and hence advised that the panchayat cannot take the same route again.
It may be recalled the panchayat had issued a stop work order dated October 10, 2017 to Ryan Araujo, who had undertaken the construction of four row houses in Survey No. 245/19-A.
Incidentally, Ryan was issued a construction license by the previous panchayat body in December 2016.
The Additional Director of Panchayats pointed out that the panchayat did not issue a show-cause notice before issuing the stop work order and also noted that there was no panchayat body resolution over the issue.
At the meeting on Tuesday, four members, David Fernandes, Nilesh Prabhudessai, Vencila Fernandes and Glyda Rodrigues did not agree with the legal opinion and suggested that a second opinion be considered.
“We have decided to accept the legal advice and shall advise the complainants to move the court over the matter naming even the panchayat as a respondent,” said Sarpanch Diella Fernandes.
It would be pertinent to point out that the panchayat along with officials of the Town and Country Planning Department, some villagers and Ryan held a site inspection on September 25, 2017 and the inspection report clearly indicated that there is a six-metre-wide access.
However, villagers assert that there is no six-metre-wide access available and deny that there is any encroachment on the road. “The builder has not even left proper setback and that is the reason why the construction is illegal,” one of the complainants Milton Rebello said.
Panchayat member Prabhudessai said the inspection report is not acceptable as it has been prepared by the TCP officials and the panchayat should have engaged a private surveyor for the inspection.
Meanwhile, the complainants are scheduled to meet the panchayat on Wednesday to find out why their demand was rejected. Earlier, villagers were talking about moving the courts, if necessary, if the panchayat rejected their demand.
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Sarpanch forced to convene emergency meeting today
Benaulim villagers on Tuesday compelled the Sarpanch Diella Fernandes to convene an emergency panchayat body meeting on Wednesday to discuss the construction license issued to three people in the property bearing Survey No. 245/19. Villagers, who had come to the panchayat to discuss the matter, gheraoed the Sarpanch and refused to let her go out of the cabin till the emergency meeting was convened. Her explanation that a three-day notice has to be issued to the panchayat members was rejected by the villagers. Finally, the Sarpanch said she would telephonically contact all panchayat members and invite them for the meeting on Wednesday. The villagers questioned the basis on which the panchayat granted construction license to Araujo. Besides, the panchayat has also issued two other construction licenses to two different persons owning adjacent properties.
