The High Court wants to know how many illegal constructions in the name of the Sarpanch’s relatives are going on

PANJIM:  Disturbed over a large number of illegal constructions in the name of relatives of former Arambol Sarpanch Bernard Fernandes, the High Court asked him to present an affidavit before it, specifying the total number of such constructions along with details.

During an earlier hearing of a Public Interest Litigation (PIL) and a writ petition filed by Ravi Harmalkar and another, the State government had informed the

High Court that 49 of the 64 illegal structures in NDZ at Girkarwado-Arambol have been sealed and show cause notices will be issued to the remaining structures.

The properties of the Sarpanch and family referred to as “illegal” by the Court are a part of this lot of 64 structures.

The Court asked the authorities to refrain from de-sealing the structures without permission. The Goa Coastal Zone Management Authority (GCZMA) inspection report has pointed to more illegal structures in the area.

It may be recalled that at last week’s hearing regarding the Arambol illegal construction issue, the HC had asked Fernandes if he was ready to demolish his two illegal structures in the village. Based on his statement, the Court will decide the future course of action.

The HC had earlier directed the State authorities to identify and seal all the illegal premises in the locality built without requisite permissions.

During this hearing, Fernandes informed the HC that he is unable to state that he would demolish the two illegal structures since he is only a “part owner”, while his siblings are other part owners.

He explained that his sister and three brothers are the other co-owners of one structure that had been built by his father, while he only has half a share of the other illegal property.

However, when the HC went through the list of illegal structures in the No Development Zone (NDZ) that had been identified and submitted to the HC by the Arambol panchayat, the court expressed its displeasure to find that many of the illegal structures where commercial activities were carried out from before being sealed recently, were actually owned by various family members of Fernandes, which included his brothers, their wives, and other relatives.

Reacting strongly to the “misuse of power” by Fernandes, the court has asked the Panchayat director to issue a “show cause notice” to him under the Panchayat Raj Act and take action against him.

The HC also instructed Fernandes to submit another affidavit containing all the details of the illegal structures owned by his family members. These family members were also directed to file affidavits regarding their position on these structures and to produce any records related to these structures.  The HC observed that this was an extremely shocking state of affairs.

The HC bench also questioned how much tax the government would lose out on from the commercial activities taking place along the beach in such illegal structures.

The court has also asked the Goa State Pollution Control Board (GSPCB) to give detailed information about action taken against these constructions. The matter was adjourned for February 14.