MARGAO
More than a decade after land admeasuring 30,000 square metres was acquired at Sonsodo for a kabrastan, there’s finally a ray of hope that the proposed burial grounds for the Muslim community will soon become a reality.
For, while asserting that the Muslim community is in dire need of sufficient space for its kabrastan, the High Court on Wednesday directed the PWD and the Goa State Urban Development Agency (GSUDA) to undertake and complete the works of providing a full-fledged kabrastan at the acquired lands at Sonsodo as expeditiously as possible, and in any case, within six months from today.
A High Court bench comprising Justice Bharat P Deshpande and Justice M S Sonak said the Margao Municipal Council should render all possible cooperation to the PWD and GSUDA. The court, however, observed that in the event the MMC refuses to cooperate for any reason, such non-cooperation should not deter the PWD and the GSUDA from proceeding with the work of construction and development of kabrastan and completing the same at the earliest.
The court further directed that the GSUDA and the concerned PWD Executive Engineer should file a compliance affidavit on or before November 29, 2022 indicating the progress of works at the site. “If work does not commence or progress at the site by the said date for any reason. In that case, the Member Secretary must state the names of the persons responsible, failing which the responsibility shall be of the Member Secretary and the concerned Superintending Engineer of the PWD,” the court said.
The court further observed that the GSUDA Managing Director and the concerned Superintending Engineer, PWD having jurisdiction over the Sonsodo area where the acquired land is located, shall be held personally responsible if the works are not completed within the timeline now indicated. They, however, have been given the liberty to apply in case of difficulties.
While stating that the Margao Municipal Chief Officer and the Municipal Engineers should also render all possible assistance to ensure the completion of these works within the timeline stated, the court has said the Chief Officer of MMC will be held personally responsible if the works are not completed within the timeline now indicated.
“We urge all the authorities and stakeholders to consider that this work of kabrastan at Sonsodo has been pending since 2011. Already, expenditure has been incurred through the public funds to acquire property at Sonsodo. The Muslim community is in dire need of sufficient space for its kabrastan. None of the authorities had even once disputed the need for having a kabrastan or even the urgency with which such kabrastan is required to be provided. Therefore, based upon some red tape or other extraneous considerations, the construction and development of kabrastan cannot be delayed any further by any of the authorities responsible for undertaking and completing the same,” the High Court bench stated.
Stating that the Petitioner Muzaffar Manzoor Kadri and the Jamat have supported the provision of the kabrastan at the Sonsodo site and have urged the authorities to complete the construction at the earliest, the court, however, said the Jamat must also cooperate in this venture, keeping aside their internal politics or without aligning themselves with any factions. All the authorities and stakeholders must cooperate in this venture, which all acknowledge is a dire necessity, the court observed.
Court shocked over SGPDA claim on portion of land earmarked for housing
MARGAO: The affidavit filed by the Member Secretary of the South Goa Planning and Development Authority (SGPDA) came as a surprise to the High Court judges as it referred to the earmarking of a portion of this acquired land for low-cost housing (residential S-1) and for setting up 33 KV electrical sub-station.
The High Court judges were also surprised over the volte-face made by the Margao Municipal Council at such a belated stage.
On the SGDPA Member Secretary’s affidavit saying a portion of the acquired land was acquired for low-cost housing and setting up a 33 KV electrical sub-station, the High Court observed “since this land was acquired for a kabrastan, we were quite surprised at how any portion of it, which is itself not entirely adequate, could be earmarked for low-cost housing or setting up an electrical sub-station. Further, if a portion could be earmarked for such purposes, surely the authorities cannot raise doubts about the acquired land’s feasibility for constructing and developing a kabrastan.”
On MMC’s volte-face on the issue, the High Court again observed “this volte-face on behalf of the MMC was claimed to be based entirely on the communication dated 19.08.2022 issued by the Member Secretary of SGPDA. This volte-face, at such a belated stage, to say the least, was surprising.
