PANAJI
Former Sarpanch of Arambol Village Panchayat Avelino Fernandes and others have received interim relief from the High Court of Bombay at Goa in connection with the demolition of 14 allegedly illegal structures.
The petitioners moved the High Court against orders issued by the Goa Coastal Zone Management Authority (GCZMA) on January 10, 15, 21, and 23 to demolish the structures. While the 14 appeals were filed before the National Green Tribunal (NGT) on March 7, challenging the orders, the demolition squad reached the site on March 10, prompting the petitioners to seek the High Court’s intervention.
The writ petition informed the High Court that the NGT was not functioning between March 10 and 15 due to Holi, and hence, they pleaded for urgent relief until the NGT resumed hearings.
The single Bench of Justice Valmiki Menezes was further told that the petitioners had no alternative remedy as the NGT had no vacation bench to hear their plea for interim relief. Finding merit in their argument, the court ruled that it would be in the interest of justice to grant an interim stay until the NGT’s next sitting.
“This being the case where the alternative remedy of appeal has been availed of but has become ineffective for want of an appropriate bench of the NGT to press for interim relief, it would be in the interest of justice that the operation of the orders be stayed until the NGT resumes its sitting on March 17. The stay shall operate for one week thereafter to enable the petitioners to press for interim relief,” the order stated. The stay is reportedly granted till March 24.
The Bench clarified that the stay was granted based on the unique circumstances of the case and should not be interpreted as a blanket order staying the operation of the demolition orders. The NGT has been directed to decide the interim relief application on its own merits, without being influenced by the High Court’s observations.
