PANAJI
In a bid to counter the "appeal against illegal beach shacks" being circulated by some people over Whatsapp in the Loliem-Pollem village, Atul Raikar, son Laxman Raikar, an applicant to beach shack license has questioned the legal validity of the two alleged gram sabha resolutions cited therein.
As per Goa Registration of Tourist Trade Act, 1982, it is mandatory to obtain valid NoC from panchayat before applying for permission to the concerned authorities. However, Raikar's application for a shack at Pollem beach was then rejected solely on the basis of gram sabha resolutions, which were later declared as invalid.
When contacted, Raikar pointed out that the two gram sabha resolutions have been quashed and set aside in the year 2015 by the Directorate of Panchayats as well as the District Court of South Goa at Margao and as on today's date non existent. He added that no appeal has been preferred over the two orders and as such they have attained finality.
The Loliem-Pollem gram sabha had resolved twice not to grant a No Objection Certificate for the installation of seasonal beach shacks in the village.
The District Court, South Goa at Margao, in a judgment dated February 6, 2015, had quashed and set aside the Loliem-Pollem gram sabha resolution of October 28, 2012. It was held that the resolution passed by gram sabha is not in conformity with the Panchayat Raj Act and therefore, is "illegal and will be non-existent in the eyes of law".
Eight months later, in a judgment dated on September 24, 2015, Additional Director of Panchayats Gopal Parsekar had suspended, quashed and set aside the resolution adopted by the Loliem-Pollem gram sabha on October 27, 2013. DoP observed that the petitioner was not granted a hearing prior to rejection of his application, contrary to the principles of natural justice.
Raikar said that the ownership of the plot located at survey no. 312/1 in Loliem-Pollem rests in the name of his parents, which is alleged to be the property of local temple.
"A few persons who are inimical terms with me have alleged that I have inconvenienced local fishermen by blocking traditional pathways to the beach. I have not done so, in fact I have made additional arrangement at a distance of few metres to facilitate easy public access. These persons are on inimical terms with me and have chosen to garner public sympathy based on false claims," Raikar explained.
In a bid to counter the "appeal against illegal beach shacks" being circulated by some people over Whatsapp in the Loliem-Pollem village, Atul Raikar, son Laxman Raikar, an applicant to beach shack license has questioned the legal validity of the two alleged gram sabha resolutions cited therein.
As per Goa Registration of Tourist Trade Act, 1982, it is mandatory to obtain valid NoC from panchayat before applying for permission to the concerned authorities. However, Raikar's application for a shack at Pollem beach was then rejected solely on the basis of gram sabha resolutions, which were later declared as invalid.
When contacted, Raikar pointed out that the two gram sabha resolutions have been quashed and set aside in the year 2015 by the Directorate of Panchayats as well as the District Court of South Goa at Margao and as on today's date non existent. He added that no appeal has been preferred over the two orders and as such they have attained finality.
The Loliem-Pollem gram sabha had resolved twice not to grant a No Objection Certificate for the installation of seasonal beach shacks in the village.
The District Court, South Goa at Margao, in a judgment dated February 6, 2015, had quashed and set aside the Loliem-Pollem gram sabha resolution of October 28, 2012. It was held that the resolution passed by gram sabha is not in conformity with the Panchayat Raj Act and therefore, is "illegal and will be non-existent in the eyes of law".
Eight months later, in a judgment dated on September 24, 2015, Additional Director of Panchayats Gopal Parsekar had suspended, quashed and set aside the resolution adopted by the Loliem-Pollem gram sabha on October 27, 2013. DoP observed that the petitioner was not granted a hearing prior to rejection of his application, contrary to the principles of natural justice.
Raikar said that the ownership of the plot located at survey no. 312/1 in Loliem-Pollem rests in the name of his parents, which is alleged to be the property of local temple.
"A few persons who are inimical terms with me have alleged that I have inconvenienced local fishermen by blocking traditional pathways to the beach. I have not done so, in fact I have made additional arrangement at a distance of few metres to facilitate easy public access. These persons are on inimical terms with me and have chosen to garner public sympathy based on false claims," Raikar explained.
