MAPUSA
The High Court of Bombay at Goa has stayed the construction and excavation work in the property bearing Survey no 214/7A at Cobravaddo, Calangute and further directed the Calangute panchayat to immediately visit the site and file its say, giving much relief to the harried petitioner Anthony Lopes, a resident of Calangute.
Lopes, a senior citizen, had made several written complaints to various government departments after his compound wall collapsed and there was a visible threat to his residential cum commercial building due to irresponsible excavation being carried out in the adjacent plot.
When none of the authorities showed interest in offering him any relief, the harassed senior citizen then filed a writ petition in the High Court.
The counsel to the petitioner Adv Sahil Sardessai informed the High Court that due to the excavation work cracks had developed to the petitioner’s structure. He further pointed out that the petitioner had made complaints to the statutory authorities but no action was forthcoming even as the hotelier continued with the “dangerous” excavation work.
“Considering the material on record, prima facie case is made out to restrain the respondent Akhil Gupta from undertaking any excavation or other activities in the property in the village of Calangute,” a division bench of HC observed.
The petitioner’s counsel also told the court that soon after the writ petition was instituted, the Talathi of Calangute submitted a report to the Mamlatdar recommending construction of a retaining wall at the earliest to avoid further uncertainties.
The High Court directed the panchayat authorities to immediately visit the site and look into the allegations made by the petitioner and file an affidavit explaining its position in the matter.
The court also directed the Collector, Deputy Collector, NGPDA and Calangute Police Inspector, who were made respondents in the case, to ensure that no further activity takes place in Survey no 214/7A.
For the last six months, the petitioner who is the owner of ground plus two residential cum commercial building made a number of calls and written complaints to various authorities but failed to get any concrete response from any.
He objected to the deep excavation work that was being carried out by the hotelier Akhil Gupta in a haphazard manner endangering his building located close to the site.
“Some relief after all the running from pillar to post. The judiciary had become the last resort due to the malfunction of governmental administration. But the question is, can a common man afford the courts and the costly fees involved,” Lopes said.
