CRZ row: HC raps coastal sarpanchas

CRZ row: HC raps coastal sarpanchas PANAJI,6 Mar 2009: Ahead of the government’s bid to regularize illegal structures in CRZ areas, four sarpanchas from Canacona taluka were recipients of a severe reprimand from the high court of Bombay at Goa on Thursday for not demolishing structures violating CRZ rules and built after February 19, 1991. A division bench comprising Justice P B Majmudar and Justice U D Salvi directed the sarpanchas of Poinguinim, Agonda, Loliem and Khola to produce documentary evidence about the validity of such structures in their jurisdiction on March 6. The directions came after the panchayats claimed that the disputed structures “appear” to be built before the CRZ notification came into force on February 19, 1991. Following court instructions, Agonda sarpanch Jovy Fernandes, Loliem sarpanch Vipal Lolienkar, Poinguinim sarpanch Mrunali Pagi and Khola sarpanch Bhiva Velip were present for the hearing and were asked to explain how they had decided to regularize the structures retrospectively. During the hearing, the sarpanchas filed affidavits and justified regularization citing “social backwardness” of the locals. They explained that due to illiteracy, the locals did not know the legal formalities for constructing houses. At this juncture, a visibly angry division bench comprising Justice P B Majmudar and Justice U D Salvi asked each of the four sarpanchas their educational qualification. On learning that none had studied above the higher secondary level, the bench asked, “How can these people who don’t know anything about law, rule the people?” Subsequently, the court warned the four panchayats not to pass any orders with regard to the structures that are a subject matter of the petition. “If you pass any such further orders we will see to it that you go to jail for contempt,” the bench said. The bench also warned the officials that they would be tried for cheating and forgery if they attempt to create any new documents. Pranay Kamat appearing on behalf of the four panchayats told the court that if necessary, the sarpanchas would tender an apology to the court. However, the court refused to accept the apology and instead asked the sarpanchas why they should not be suspended for filing false affidavits before the court. The bench also remarked that it appeared that the sarpanchas were “fooling and cheating the court and the citizens and for this the sarpanchas will have to face the music.” The court also asked the state advocate general (AG) Subodh Kantak to point out provisions of law as to what action can be taken if the sarpanchas are found guilty of contempt of court in this issue. Earlier, Norma Alvares submitted a chart with details of action taken by the panchayats against the illegal structures. She told the court that most demolition orders issued by the court had been stayed by the directorate of panchayats. She also brought to the notice of the court that Poinguinim, Agonda, Loliem and Khola panchayats had decided that toilets, bathrooms, storerooms, sheds, distilleries were “basic needs” and so would not be demolished. The AG informed the court that while the remaining panchayats had passed demolition orders, these could not be enforced due to stay orders from the appellate authority. The directorate of panchayats will require time to take a decision with regard to 87 such structures, he said. Subsequently the court granted the directorate 10 weeks to complete the hearing. The matter will be heard on June 16. The court also directed the Benaulim panchayat and the municipalities of Mormugao and Canacona to file affidavits in the matter within 3 weeks.

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