PORVORIM
The High Court has pulled up officials over excuses for non-compliance of demolition of structures at Sangolda and said the excuse of Code of Conduct, which was diffidently made, cannot be allowed to prevail.
Justices M S Sonak and Valmiki Menezes made their observations following an application for an extension of time filed by the Deputy Collector, who was directed to remove encroachments on Comunidade property and file compliance report along with photographs by March 15.
“The reasons stated by the Deputy Collector are far from convincing. Repeatedly we find that even the Public Works Department, which is supposed to cooperate with the Deputy Collector and other agencies for carrying out demolitions and removing encroachments give excuses for non-compliance,” observed the court.
“It is the duty of the PWD to cooperate with other government departments particularly when it comes to compliance with Court orders. Even earlier, it was clarified that the Code of Conduct could not come in the way of complying with the Court's directions. Even now, the excuse of Code of Conduct, which was diffidently made, cannot be allowed to prevail.”
“This is a case where the encroachers had given several undertakings to this Court and had also applied for extensions.”
Besides, the undertakings and the extensions granted, the high court noted that the encroachers failed to comply with their undertakings and remove them from the Comunidade property.
“The removal orders have attained finality up to the Hon'ble Supreme Court. Therefore, delays on the part of the Deputy Collector, who is in charge of the demolition squad, to comply with the orders made in this petition also amounts to ignoring the orders made by the Hon'ble Supreme Court in this matter.”
The high court, however, took note of a request by the additional government advocate and granted two weeks time to clear the encroachment.
“The Public Works Department must cooperate with the Deputy Collector so that the Court orders are complied with.”
The high court also directed the Comunidade of Sangolda to pay the charges of Rs 81,249 to the PWD within two weeks.
“However, it is clarified that the payment of this charges is not a precondition for compliance with our orders. Therefore, neither the Deputy Collector nor the PWD should link the two issues and not comply with the Court orders on the grounds that there is non-payment or delay in the payment of the charges of the Comunidade.”
The high court directed the Deputy Collector and Sub-Divisional Magistrate to file a compliance report by April 25 by giving an advance copy to the counsel for the Comunidade.
