PANAJI
The Bombay High Court at Goa has initiated contempt proceedings and issued notice to the Assistant Engineer (AE) of the PWD Sub Division IV, Division VI (Roads) seeking why contempt petitions should not be initiated against him after the court was informed that despite formal requests, the assistant engineer failed to make a demolition squad available to raze offending buildings in the vicinity of the Goa International Airport at Dabolim.
The High Court also sought that the AE be personally present in court at the next hearing on July 24, to explain his conduct as well as sought that the sarpanch and the secretary of Chicalim panchayat remain present and explain why the demolition orders are not executed.
“From a perusal of the said affidavit, we think that prima facie, the Assistant Engineer, Sub Division IV, Division VI (Roads), PWD at Fatorda, Margao is obstructing the implementation of the court’s orders. Otherwise, we see no reason why the Demolition Squad which was to be provided by him, reaches the site on one occasion without requisite tools and equipment, and on the second occasion when the officials of the Mormugao Planning and Development Authority and the Indian Navy personnel, who were present at the site and the demolition could not proceed due to absence of the said Assistant Engineer,” the High Court bench of Justices M S Sonak and Bharat Deshpande ruled.
“Accordingly, we issue notice to the Assistant Engineer to show cause as to why proceedings for contempt of Court should not be initiated against him,” the High Court also said.
Earlier Ritesh Shirodkar, Member Secretary of Mormugao Planning and Development Authority in an affidavit before the High Court said that the demolition that was planned on two occasions could not be carried out due to the recalcitrant assistant engineer.
Chicalim panchayat in its affidavit stated that they issued 11 demolition notices but since the said 11 persons pursuant to the demolition orders issued by the panchayat, did not demolish the said illegal constructions, “The panchayat of Chicalim requisitioned the Block Development Officer of Mormugao taluka at Vasco for a demolition squad to demolish the said illegal constructions vide 11 separate written communications dated 12.05.2023 which were inwarded in the office of the Block Development Officer of Mormugao at Vasco da Gama, Goa on 16.05.2023.”
However, the structures are yet to be demolished.
The High Court also directed the Director of Panchayat to inquire into the allegation that the sarpanch himself has some illegal structures.
