MARGAO
In an interesting development concerning the confirmation of possession of the BPS club property, Goa Lokayukta Justice (Retd) Sandeep K Shinde has observed that the no-objection certificate issued by the Margao Municipal Council (MMC) Chief Officer to confirm the Club’s possession, allegedly in violation of Chapter VII of the Goa Municipalities Act, 1968, amounts to “misuse of his position”.
The Lokayukta has directed that the no-objection certificate endorsed by the MMC Chief Officer on June 17, 2026, be kept in abeyance until the next date of hearing on November 3, 2026.
“Prima facie, the subject No Objection has been issued by the Chief Officer by ignoring the provisions of Chapter VII of the Act of 1968, which amounts to ‘misuse’ of his position. In consideration of the above, I deem it just and appropriate to direct and keep the ‘No Objection’ in abeyance, endorsed on 17.06.2026 by the Chief Officer of Margao Municipal Council till 03.11.2026,” Justice Shinde said.
In his complaint, former Margao Municipal Council chairperson Savio Coutinho submitted that the MMC Chief Officer could not have endorsed a no-objection certificate confirming the Club’s possession of the property without complying with Chapter VII of the Act of 1968, which governs and regulates municipal property, funds, contracts and liabilities.
He alleged that the Chief Officer could not have issued the no-objection certificate confirming the Club’s possession of the municipal property without a resolution passed by a majority of the Council at a meeting.
Coutinho submitted that, in the interest of justice and pending the proceedings, the no-objection certificate endorsed by the MMC Chief Officer on June 17, 2026, and verified before a notary public, should be kept in abeyance and not acted upon.
The Lokayukta observed that the no-objection certificate issued by the Chief Officer on June 17, 2026, was part of an administrative function and not a judicial or quasi-judicial function.
“More so, primary evaluation of material placed before me does not suggest that before endorsing the No Objection, provisions of the Act of 1968 were followed. Thus, prima facie the subject No Objection has been issued by the Chief Officer by ignoring the provisions of Chapter VII of the Act of 1968, which amounts to ‘misuse’ of his position,” the Lokayukta said.
The order also refers to a proposal made by the Municipal Council of Salcete at its meeting on June 18, 1940, for the gratuitous cession of property in Pajifond, Margao, to Clube Bernardo Peres da Silva, without any limitation of time. The property was to revert to the municipality in the event of the dissolution of the society (the Club), subject to the conditions stipulated in the proposal.
A decree to that effect, numbered 5568, was subsequently issued and notified in the Official Gazette, the Boletim Oficial, on September 4, 1952.
The complainant alleged that, despite an alleged violation of one of the conditions of Decree No. 5568, the Club initiated proceedings before the Inspector of Survey and Land Records, City Survey, Margao, under Rule 6(1) of the Goa, Daman and Diu Land Revenue Rules, seeking confirmation of its possession of the property.
