PANAJI
The Administrator of Comunidades South Goa at Margao, Kedar Naik, has suspended the Attorney of the Comunidade of Cortalim John Philip Pereira with immediate effect under Article 74 of the
Code and further recommended to the government to dismiss him.
In a judgement and order passed on April 30, Naik concluded that Pereira “illegally executed an agreement with one Prakash Shah and also illegally issued an NOC to NG Projects with malafide intentions and ulterior motives and concealed the facts before the Administrator.” The complaint was lodged by one of the shareholders Tome Isidoro Carvalho pointing out the illegalities of Pereira who had granted permission and NOC for illegal excavation of mud and hill cutting from the properties of the Comunidade bearing survey Nos 145/1 and 207/1 of Cortalim village without the approval of the Administrator of Comunidades.
Carvalho said he had lodged several complaints against the illegal acts of the said Attorney before several authorities who had abused his powers and in total violation of the Code of Comunidades had issued NOC and agreements which are not within his powers and duties.
“The Comunidade comprises shareholders and Zoneiros and the said John Philip failed to convene a General Body to decide on such subject matters and further there is no estimate of the works to be tendered and no account of the revenue to be paid to the Comunidade of Cortalim,” Carvalho claimed.
Earlier the Administrator of Comunidades had sent a show-cause notice to Pereira asking him for an explanation on how he issued an NOC to NG projects for setting up and operating a wet mix macadam plant and hot mix asphalt plant.
“The agreement entered between the respondent and Prakash Shah is without any approval of the Administrator of Comunidades and the NOC given to NG Projects is also without any approval of the Administrator,” the Administrator ruled.
Carvalho also filed a writ petition before the High Court where the Administrator filed an affidavit that there was no approval granted by his office to such illegal acts of the attorney and who further submitted before the Court that in terms of the Code of the Comunidade Article 243: “A Comunidade who seeks to conduct an ordinary auction of properties works, services and agreements of the Comunidade shall be preceded by an estimate or evaluation organized as per the instruction of the respective Managing Committee following the provisions of the Code.” The Administrator further submitted before the High Court that in terms of article 251 “The estimate, once approved by the Administrator, comes into force immediately.”
