the goan I network
mapusa
The Administrator of Communidades, North Zone, recently suspended the attorney of Serula communidade, Agnelo Lobo for failing to verify documents provided for mutation of a property in Serula communidade and thereby failed to protect the interest of the communidade.
The attorney has been suspended for issuing no-objection for the mutation of around 39,000 sq metres of land to an individual in Serula communidade without verifying the documents.
In his order, the Administrator of Communidades (North Zone) Gaurish Sankhwalkar said the documents produced by the applicant for mutation case predates the survey promulgation and do not bear any survey number.
“There is no documentary evidence that the said documents pertain to same survey number for which the mutation was applied. It was the duty of the attorney to verify the genuineness of the documents and thereby failed to perform his duties and protect the interest in the properties of the communidade,” Sankhwalkar said in his order.
“The act of issuing no objection for the mutation is also in violation of the provisions of Article 350 of Code of Communidade,” he added.
The administrator rejected the attorney’s claim that he had sought the advice from the legal team and therefore, he cannot be personally held responsible.
“Legal advice is only for the purpose of guidance, and the responsibility is not absolved by such advice. The attorney cannot claim that the person giving the advice is responsible and he (attorney) cannot be blamed,” the administrator said in his order.
It may be recalled The Administrator of Communidades, North Zone had issued a show cause to the attorney of Serula communidade in the case in August 2018.
The attorney had then approached the High Court in a writ petition against the show cause.
The High Court referred the matter back to the Administrator of Communidades, North Zone for fresh hearing and passing the orders.
It may be recalled a joint mamlatdar was also suspended in the same case a couple of months back.
