MARGAO
In a major relief to the villagers of Carmona demanding to leave open the recreational facility for public use, the High Court on Tuesday directed the health officer and other respondents to forthwith remove the lock and open the facility, including the two new toilets at Jorge ward.
Justice M S Sonak and Justice R N Laddha further directed that the medical officer/health officer must ensure that the lock is opened by 5 pm on Tuesday.
The additional government advocate, appearing for the respondents, assured the court that he will give the necessary intimation to the respondents whom he represents.
While granting interim relief in a Public Interest Litigation (PIL) filed by former sarpanch Allwyn Jorge, the High Court further directed that the panchayat take steps to see that the community toilets are kept clean and there is sufficient water supply therein.
“In any case, we do not think that the medical officer or the health officer is empowered to take law into his own hands and put a lock on a facility which is meant for the members of the public. The issue about the appointment of a watchman or caretaker can of course be sorted out by the government with the panchayat. However, this does not entitle the medical officer to himself put a lock to the facility or prevent any member of the public from utilizing this facility,” the court observed.
The court added: “Even the Directorate of Education, by communication on June 24, 2022, had requested the sarpanch and the health officer to keep the main gate of GPS, Carmona, open throughout.”
Incidentally, the additional government advocate submitted to the court that the medical officer, who has put the lock and retains the key, has instructed him to say that the panchayat should first appoint a watchman and only then he will hand over the key and allow the park and recreational facilities for the public.
Panchayat secretary Nikhita, who was present in the court, stated that the local body will have no difficulties if the lock is opened and the petitioner and the public are permitted to utilize the facilities.
Former Carmona sarpanch Allwyn Jorge had knocked on the doors of the High Court after the villagers were denied access to the recreational facilities including the children's play rides, walking track and toilets by the Chinchinim PHC.
