Supreme Court upholds HC order to raze illegal structure, giving closure to Bismarque’s long fight

SC dismisses special leave petitions praying for a stay to High Court order to raze the illegal structure in a No Development Zone at Akhada; says not inclined to interfere with High Court order

PANJIM: The fighting spirit of Father Bismarque lingers to protect Goa, eight years after his untimely, suspicious and brutal passing.

After long struggle, which continued after the warrior priest’s life ended, Fr Bismarque Dias has finally won his battle against an illegal construction in a No Development Zone (NDZ) in St Estevam with the Supreme Court (SC) dismissing the special leave to appeal. Bismarque, a son of the soil of St Estevam took his fighting spirit to all corners of Goa in his incessant fight against the destruction of Goa’s environment, its lands, forests and hills. 

And he fought some of the biggest life changing battles in his own backyard.

The apex court bench comprising Justice Vikram Nath and Justice Ahsanuddin Amanullah dismissed the special leave petitions (SLPs) filed by Rajani Fadte and others praying for a stay to the High Court order to demolish the illegal building constructed in the No Development Zone at Akhada, St Estevam.

After hearing counsel for the petitioners, the SC said, “We are not inclined to interfere with the order impugned in these petitions. The special leave petitions accordingly stand dismissed.”

Last month, the High Court dismissed a civil review application filed by Fadte and directed the Panjim Deputy Collector to demolish the illegal structure within two weeks. Earlier, in May this year, the court had asked the authorities to raze the structure within three months from the date of the order and to file a compliance report.

Fr Bismarque was the original petitioner, who got justice eight years after his death when the Division Bench by an order dated May 2, 2023, ordered the demolition of the illegal construction within the NDZ.

Following it, the Panjim Deputy Collector and Sub-Divisional Officer (SDO) Rajendra Ajgaonkar proceeded to the site to carry out the demolition as per the Court order but the team was obstructed by some locals from undertaking the activity.

The team found that the access leading to the illegal structure was blocked with two 15-metre-long canoes, both welded to each other. Yet, the demolition squad proceeded and completed part demolition of the RCC structure, he had stated.

After the High Court dismissed the civil review application and directed the authorities to demolish the structure within two weeks on June 5, Fadte and others appealed before the Supreme Court. The decks have now been cleared for demolition of the illegal structure, informed Adv Rohit Bras De Sa, Counsel for Fr Bismarque.

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