PANAJI
The Bombay High Court at Goa has asked North Goa Superintendent of Police to inquire into the conduct of the Anjuna police inspector after it was found that certain persons were repeatedly setting up structures within Goa Tourism Development Corporation (GTDC) property at Anjuna and no action was forthcoming despite complaints including complaints from the GTDC.
Hearing a petition filed by one Francisco Drago, who has sought demolition of several structures for being built in government land and restoration of access to the beach, the High Court observed that despite the structures being demolished two times before they had come up again and there was either no action forthcoming or action was delayed in order that the occupants could benefit from long weekends.
“We direct the Superintendent of Police, North, to inquire into the conduct of the Police Inspector at Anjuna Police Station in the context of inaction on the complaints filed by a Government Corporation like the GTDC reporting flagrant illegal activities and commercial use of Eco-sensitive areas within his jurisdiction. The Director of Panchayat also needs to make similar inquiries into the conduct of the Administrator of the said Village Panchayat and its Secretary. Both these authorities should also inquire into the events that took place at this spot in August and book the persons responsible,” the High Court bench of Justices M S Sonak and R N Laddha ordered.
The High Court was informed that several people attend such shows that were conducted on the illegal premises, which require a power supply and lighting.
“It is surprising that the authorities claim ignorance or choose to act only after the event concludes. Such inquiries are necessary because such illegal activities are invariably undertaken, and no action is forthcoming despite complaints. If any, the pretence of action is usually after the event involving commercial activities is concluded. This has encouraged the parties to breach the legal provisions with impunity because such parties are confident that the authorities will not swing into action until their commercial purpose is served,” the High Court observed.
“This, in particular, is a brazen case where structures/constructions were repeatedly put up in an Eco-sensitive No Development Zone. Then, after the structures were ordered to be demolished, the same spot is used again to put up structures and use the same for commercial activities. Therefore, it is necessary to find out whether the inaction on the part of the authorities was culpable or not. The Superintendent of Police and the Director of Panchayats should therefore conduct inquiries with all seriousness and file a report in a sealed cover in this matter by the next date,” the High Court also said.
One Keshav Palyekar, who is being accused of illegally facilitating the structures on GTDC land, however, told the court that he “neither put up the structures nor has any truck with the so-called commercial activities carried out therein.”
However, the High Court was not willing to buy the argument.
“At this stage, prima facie, it is very difficult to believe that Keshav Palyekar was unaware of the commercial activities or that he had no truck with them. If now the property is surveyed under nos. Any person uses 339/4 to 339/7 for erecting any structures or commercial activities; it shall be presumed that Palyekar prima facie, responsible for the same. This is because it is inconceivable that this property touching the remaining properties where he had put up structures can be used without the connivance and his support if not by himself under some different names,” the High Court also said.
Earlier the High Court had observed the “modus operandi” used by the violators to eke commercial benefit out of government properties.
“On no less than two occasions in the years 2018 and 2020, Palyekar encroached into the GTDC property surveyed under no.339/4 to 339/7 and put up illegal constructions in these eco-sensitive areas affected by the CRZ notification and on two occasions such structures had to be razed and the property restored to its original condition. As if this was not sufficient, Palyekar has once again put up illegal constructions in the GTDC property,” the High Court observed in February this year.
