MARGAO
The High Court has issued directions to the government agencies to keep the Carmona park and recreational facility open for the public at least from 6 am till 10 pm each day.
Making absolute its interim order dated 23.08.2022, the High Court has disposed of writ petition filed by former Carmona Sarpanch Allwyn Jorge by directing the Respondents to keep the park and recreational facility open for the public at least from 6 am till 10 pm each day.
“This is until the concerned authorities adopt some reasonable policy decision according to law, on timings. The panchayat should also ensure that the community toilets are cleaned and that there is sufficient water supply and electricity supply therein,” the order stated.
The court has further observed that the panchayat and the State government should also discuss the issue of appointment of suitable caretaker/ watchman and take necessary action in that regard. The State, through its local police, has already commenced beat rounds. This is appreciated, and we hope will continue till found necessary,” the court observed.
When the Additional government advocate pointed to the breakage of some lights or taps at the centre, the High Court observed “assuming that some miscreants were involved in the breakage of some lamps or fixtures, the authorities should have focused on preventing such breakages. But locking out a park and the recreational facility was certainly not a solution. This almost amounts to throwing out the baby along with the bath water. In any case, the breakage of one or two tubelights or taps in the toilets can hardly be a ground entitling the Medical Officer to lock out a public facility. Therefore, his action of locking out the recreational facility was indeed high-handed, disproportionate, and not supported by law.”
The court further observed that the panchayat is also duty bound to take steps to provide clean toilets and provide water and electricity in the toilets and the park and recreational facility.
Saying the panchayat must take the necessary steps to maintain this facility and the toilets therein, the court said the State must also assist the panchayats, particularly in restoring connections and maintenance.
Commenting on the High Court judgement, former Carmona Sarpanch Allwyn Jorge is a clear liberation of his village from the constant vindictive politics played by Chinchinim PHC Medical Officer firstly by relocating the dedicated doctor appointed by the DHS to Carmona RMD to elsewhere and now attempting to usurp the entire Govt Primary School Complex premises by fabricating allegations of damage against the villagers without any evidence in connivance with the local body and other elected representatives,” he added.
