PANAJI
The Bombay High Court at Goa has pulled up one Ludovico Gouveia for having continued construction on a tourism-related project despite a stop work order issued by the Goa Coastal Zone Management Authority (GCZMA).
Gouveia was issued a notice and a stop work order by the GCZMA on January 11 following an inspection conducted by the authority. However, following a complaint that despite the stop work order, work was continuing, the GCZMA conducted a surprise inspection and found that “construction was indeed going on despite the stop work order.”
Petitioner Mohinder Paintal alleged that after the stop work order, Gouveia “commenced the work at a fast pace in a bid to possibly create a situation of fait accompli.” He placed on record photographs to show how the construction has progressed in an illegal manner.
The petitioner complained that “even the police authorities declined to intervene on the specious plea that the GCZMA officials have no powers to issue any directions to the police.”
“It is apparent that even the Police Inspector of Anjuna Police Station has not bothered to stop the construction despite the show cause notice cum stop work order. If this is true, then, it is again extremely unfortunate that law enforcement agencies decline to enforce law,” the High Court said.
Gouveia, who was present in court, nonchalantly told the court that “no stop work order was ever served upon his establishment by the GCZMA.” He says that he has permissions from the GCZMA and Panchayat based upon which he continued with the constructions.
“We do not approve this stance of Mr Gouveia. Prima facie, this amounts to defiance of orders made by authorities. If Mr Gouveia was in any manner aggrieved, he should have challenged these notices. But his insistence upon continuing works prima facie in breach of the permissions which were granted to him cannot be appreciated. Ultimately, these are eco-sensitive areas which cannot be exploited in this manner,” the High Court bench of Justices M S Sonak and Bharat Deshpande ruled.
The High Court ordered the violator to stop work forthwith and sought the GCZMA give the names of the police officer who were requested to cooperate and who have refused to cooperate if the police do not cooperate.
