PANAJI: The Bombay High Court at Goa came down strongly on the Corporation of the City of Panaji for failing to verify if the illegal portion of Hotel Menino Regency has been demolished as directed by the Supreme Court.
"It has transpired that some part of the structure which was to be removed has not been done. We fail to understand as to why if the matter was adjourned on 9th October 2017 to be listed after five weeks and the date was known in advance, the Officer did not carry out the inspection before the date fixed or remain present in the Court to inform the Court since it is the application filed by the Commissioner on the ground that the order of the Apex Court is being breached," the High Court asked.
The division bench of justices Nutan Sardesai and N M Jamdar then directed that an independent officer be tasked with ensuring the demolition is carried out.
"We are of the opinion that since what is in question is the compliance of the orders of the Apex Court, the factual position as on site needs to be ascertained through an independent authority. We direct the Registrar of this Court to appoint a suitable Court Officer to visit the site in question tomorrow ie 16th November 2017 and submit a report keeping in mind the orders passed by the Apex Court from time to time," the court then ruled.
CCP had approached the Bombay High Court at Goa seeking implementation of the Supreme Court's order in the matter.
The Supreme Court of India had come down heavily on The Menino Regency, a Panaji based hotel for "misusing the judicial process" and proceeded to slap them with a fine of Rs 2.41 crore to be paid to the Corporation of the City of Panaji.
The case dates back to 2004 when the Bombay High Court of Goa while passing judgement on a public interest litigation, concluded that there were construction violations in the hotel and directed the removal of the illegal pillars and columns.
However, subsequently the owners of the hotel, moved an application before the North Goa Planning and Development Agency (NGPDA) for regularization of the unauthorised structures.
Based on his application the NGPDA decided "to regularise the unauthorised development subject to levy of penalty of Rs10,000 and with condition that the portion shown for demolition i.e. columns mentioned as decorative columns on the ground floor and six rooms on the fifth floor are to be demolished within a period of sixty days."
However, the hotel didn't meet the conditions and didn't demolish any rooms or columns on account of which the Bombay High Court at Goa initiated a suo motu contempt petition against the hotel.
The Hotel owners then approached the Supreme Court for quashing the contempt proceedings in the High Court. While the SC initially granted a stay on the HC's proceedings but when the case was finally heard the SC found that the hotel had illegally profited from the illegal rooms and asked them to pay a fine to be deposited with the CCP.
"...we are satisfied, that the appellant has misused the judicial process, neither complying with the undertaking given to the High Court nor complied with the terms and conditions of the regularization/compounding order," the SC had observed.
Observing that Menino Regency used six rooms on the fifth floor for the last 11 years to his benefit, merely because this Court had protected the appellant from contempt proceedings, initiated against him by the High Court the court went on to ask him to pay a fine of the profits accrued amounting to Rs 2.41 crore.
Since the money was not paid the CCP approached the Bombay HC at Goa. When the matter came up, the promoters promised to deposit the entire amount will be deposited with the Corporation. They had also promised to remove the six illegal rooms by October 3, 2017, and to remain present in court on October 4, 2017, to report compliance.
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HIGH COURT
STRICTURES
It has transpired that some part of the structure which was to be removed has not been done. We fail to understand as to why if the matter was adjourned on 9th October 2017 to be listed after five weeks and the date was known in advance, the Officer did not carry out the inspection before the date fixed or remain present in the Court to inform the Court since it is the application filed by the Commissioner on the ground that the order of the Apex Court is being breached
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ABOUT THE CASE
* Dates back to 2004 when HC directed the removal of the illegal pillars and columns of the hotel
* Owners of the hotel moved the NGPDA for regularization of unauthorised structures
* Hotel owners failed to meet conditions laid by NGPDA and didn't demolish any rooms or columns
* The Bombay High Court at Goa initiated a suo motu contempt petition against the hotel owners
* Hotel owners then approached the Supreme Court for quashing the contempt proceeding
* SC found the hotel had illegally profited from illegal rooms and asked them to pay a fine to be deposited with CCP
