PANAJI
The Bombay High Court at Goa on Friday issued notices to the Goa government based on a contempt petition filed alleging that the state government especially that the Revenue Secretary has failed to comply with previous High Court directions to act against the president of the Sancoale Comunidade for using comunidade land for his own benefit.
Petitioner Narayan Naik, filed a contempt petition in the High Court alleging that except issuing a notice dated 25.07.2023 and that too for removal of said Pratap Mardolkar from the post of President and conducting only one hearing, there is no other compliance of the directions.
The High Court had directed that the Revenue Secretary or any other competent authority under the Code of Comunidades must apply mind to the admitted facts of encroachment on comunidade property and other relevant matters and consider (i) whether the continuance of Pratap Mardolkar as the President of the Comunidade of Sancoale is in the interest of the comunidade. (ii) whether the matters need to be referred to the SIT and/or the Commission of Inquiry which is presently investigating large-scale land-grabbing instances in the State of Goa, and (iii) recovering from the petitioners' suitable amounts for having encroached upon the comunidade property and using the same for commercial purposes from the date of such encroachment till the petitioners restore the property to the Comunidade of Sancoale.
The High Court noted how, the petitioners first encroached upon the comunidade property by constructing shops in the year 2001 and only after that, in 2003 the comunidade resolved to allot the plots where such encroachment was made by the petitioners.
The High Court had also directed that a copy of this judgement and and order be
placed before the Revenue Secretary, to consider whether any action under the Code of Comunidades must be taken against Pratap Mardolkar in the context of his continuance as President of Comunidade of Sancoale.
“Issues of conflict between interest and duties will have to be examined. The reports about rampant and large-scale encroachments on comunidade lands will have to be considered. All this is vital if the Comunidades as a 123-year-old institution is to survive,” the High Court said.
“It appears that there is non-compliance on the part of the Revenue Secretary of the directions issued by this Court. Accordingly, issue notice to the Respondent, returnable on 24.10.2024,” the High Court said.
