Margao, Aquem Comunidades cry foul as bid to hire lawyer thwarted; vow to fight in HC

Component of Comunidade bodies from South Goa question the South Goa Comunidade Administrator for refusing to grant approval to use funds to pay legal fees of lawyer to file writ petition in the High Court.

MARGAO
Ahead of the legal battle in the High Court, tensions have flared up between the government and the Comunidade bodies over the Amendment to the Comunidade Code to legalise illegal structures/ encroachments on Comunidade land.

In what is being perceived as an attempt to put spokes in the Comunidades’ plans to challenge the Constitutional validity of the Amendment to the Code of Comunidade, the South Goa Administrator of Comunidades, Prajeet Chodankar has rejected applications made by the Margao and Aquem Comunidades seeking approval to use Comunidade funds to appoint a lawyer to file a writ petition in the High Court.

The Administrator was blunt in saying that the two Comunidade bodies should comply with Article 349 and 350 of the Code of Comunidades by filing the plea before the Administrative Tribunal.

The two Comunidade bodies had moved the office of the South Goa Administrator of Comunidades seeking approval to spend Comunidade funds towards the payment of the legal fees of their lawyer. The same lawyer has been representing the two bodies in the matter of illegal structures at Moti Dongo and Talsanzor.

President of the two Comunidade bodies, Savio Correia has cried foul over the decision of the Administrator of Comunidades. “What wrong have the managing committees committed by resolving to challenge the Amendment in order to safeguard the interests of the Comunidades? We merely sought permission to use our own funds to pay legal fees for filing a writ petition in the High Court,” he said.

Strongly condemning the decision of the Administrator of Comunidades, South Zone, in refusing permission to Aquem and Margao Comunidades to challenge the recent amendments to the Code of Comunidades, Correia said, “His reliance on Articles 349 and 350 of the Code is completely misplaced—these provisions apply only to filing of civil suits and their compromises, not to writ petitions.”

He added: “By directing the Comunidades into a cumbersome and lengthy procedure involving permission of the Administrative Tribunal, when the amendments themselves require regularisation applications to be filed within six months, the Administrator has effectively ensured that justice is strangled before it can be sought. Justice delayed, in this case, is justice denied.”

Correia, who heads the Comunidade bodies of Margao, Aquem, Davorlim and Dicarpale as President further said, “Instead of acting as the guardian of the Comunidades of South Zone, the Administrator has chosen to act as a gatekeeper for his political masters. This obstructionist attitude is a clear attempt to silence opposition to patently illegal amendments. Ironically, not even during Salazar’s dictatorship did the Comunidades of Goa face such high-handedness.”

Attorney of Margao and Aquem Comunidades, Celestin Noronha echoed similar sentiments. Celestin who called on the Comunidade Administrator, Prajeet Chodankar, said there’s no way that the Aquem and Margao Comunidades will buckle under pressure. “This matter does not fall in the domain of the Administrative Tribunal. We had approached the Administrator for approval to use funds to pay the legal fees since there’s already a petition pending before the High Court in respect of the demolition of the illegal structures at Moti Dongor and Talsanzor. This is a clear attempt to stop the Comunidade bodies from challenging the Amendment in the High Court,” Celestin added.

Comunidades vow fight with own funds, refuse to bow

MARGAO: Unfazed by the decision of the South Goa Administrator of Comunidades to reject the applications seeking approval to use funds to pay the lawyer’s fees, the two Comunidades of Margao and Aquem have resolved to pay the lawyer’s fees from their own pockets.

By doing so, the two bodies have sent a message loud and clear that nothing would come in the way of the Comunidade bodies from protecting the community land from illegal structures and encroachments.

President of Margao and Aquem Comunidades, Savio Correia said nothing would stop the two Comunidades from moving to the High Court to challenge the Constitutional validity of the Amendment.

He added: “Let it be clear: the rejection has only strengthened our resolve. The Comunidades of Aquem and Margao will move ahead with the legal challenge, with committee members themselves ready to bear the expenses. The harder the attempt to muzzle us, the louder our voice will grow.”

Attorney Celestin Noronha said the members of the two Comunidade bodies will make personal contributions to foot the legal fees of the lawyer. “Members of other Comunidade bodies will also contribute their personal money to engage their lawyers to challenge the Amendment in the High Court,” he added.

Delegation presses for reforms at South Goa Comunidade office

MARGAO: The Components of Comunidade bodies from South Goa have called for streamlining of the administration at the office of South Goa Administrator of Comunidades.

A delegation of the components comprising of Celestin Noronha, John Philip Pereira and others called on the Administrator Prajeet Chodankar on Thursday to take up various issues plaguing the Comunidade bodies.

The delegation demanded to know from the Administrator the status of the proposal to repair and renovate the South Goa Comunidade Administrator building. They sought to know the fate of the tender floated by the PWD to renovate the building two years ago.

John Philip Pereira told the media that the Administrator has informed that the PWD will refloat the tender since the tender received a lone bidder last time round.

The delegation also drew attention of the Administrator to the fact that a couple of employees have been working in the office for the last 25 years. Pereira said the staffers continue to stay put in the office despite the fact that the matter was brought to the notice of the South Goa district Collector.