PANAJI
The High Court of Bombay at Goa has directed the Registrar of the Administrative Tribunal to accept the memo of appeal filed by Prabhu Moni, the real estate developer currently lodged in Colvale Central Jail, by January 17. Moni has been jailed over alleged unpaid land revenue dues amounting to Rs 7 crore.
The petitioner filed a writ petition in the High Court seeking to quash the order by the Collector of North Goa on December 30, 2024 that directed the Panaji police to arrest Moni in a civil prison until he complied with a March 17, 2022 directive from the Goa Real Estate Regulatory Authority (RERA).
The RERA order directed Moni to compensate buyers in his Mapusa-based real estate project, “Prabhu Chambers,” for delays in the completion and possession of their units. The compensation is to be recovered under Section 123 of the Revenue Code.
The petitioner submitted to the High Court that he attempted to present an appeal against the order before the Registrar of the Administrative Tribunal of Goa on January 6 and the Advocate who presented the Appeal was then requested to come back to attend the Registry of the Tribunal the following day. It was however not registered even thereafter.
Observing the delay, the High Court observed that the petitioner’s detention and his right to personal liberty were necessitated. “This is a matter that would have to be treated with utmost urgency and despatch, considering the fact that the Petitioner is in detention and such detention is challenged in the Appeal,” it said.
The Court further criticized procedural lapses in the Tribunal’s Registry, noting that it had been irregularly refusing to register appeals without prior direction from the Presiding Officer. It directed the Registry to ensure that all proceedings are accepted, duly registered, and promptly processed but refrained from passing any judgment on the veracity of the allegations made in the petition.
In urgent matters like the present one, where the petitioner’s liberty is at stake, the Registry has been instructed to act swiftly and place the proceedings before the Presiding Officer irrespective of pending objections.
“It would be advisable that a clear procedure is laid down for receiving and lodging any proceedings before the Tribunal. The Registry of the Tribunal is directed to henceforth accept every proceeding lodged before it, and register such proceedings, noting its date of lodging. The Registry is free to raise such office objections as it deems fit, in writing, and notify the same to the concerned Advocate,” the Court stated while disposing of the petition.
