MAPUSA
The High Court of Bombay at Goa has come down heavily on the State administration, criticising a nearly two-year delay in demolishing an illegal hotel in Siolim.
In a stern directive, the High Court has instructed the Revenue Secretary to conduct an inquiry into the conduct of officials responsible for adhering to court orders and to assign accountability.
Furthermore, the High Court has mandated that once responsibility is determined for the specific officers, it should be duly noted in their confidential rolls.
Expressing dismay at the lackadaisical attitude of government officials, the court underscored the necessity for prompt compliance with court directives, emphasising that officials often take matters lightly even after contempt petitions are filed.
“The Revenue Secretary or the Chief Secretary must also consider issuing a circular to all the concerned officials mostly involved in compliance with court directives to ensure prompt compliance of the directives,” the HC said.
A division bench of Judges Valmiki Menezes and M S Sonak presided over the matter, pertaining to a contempt petition regarding the demolition of an illegal hotel on Uddo beach in Siolim. The hotel was ultimately demolished by authorities only after the looming threat of a High Court contempt petition.
The Court questioned the nonchalant approach of government officials, noting their failure to provide explanations for the delay in complying with court directions. It dismissed excuses such as the unavailability of the demolition squad, often cited by various authorities including the panchayat, municipality, GCZMA, and administrators of comunidades.
The High Court firmly reiterated that once court directions are issued, they cannot be delayed or circumvented on such grounds. It emphasised that compliance with demolition directives is the responsibility of the authority concerned, and even the demolition squad constituted by the government or the Public Works Department (PWD) cannot refuse to cooperate.
“Once there are directions issued by the court, they cannot be delayed or defeated. It is the responsibility of the authority to comply with directions for demolitions,” the HC observed.
In a decisive move, the High Court directed the Revenue Secretary to promptly investigate the conduct of officials responsible for compliance with court directives and to assign accountability.
The court stipulated that the entire inquiry must be concluded within six months, with a compliance report to be submitted by the Revenue Secretary to the High Court.
