the goan I network
PANAJI
According to the court, Inacio Fernandes, the promoter (since deceased) had misused a stay granted by the SC and failed to demolish a part of his hotel thus illegally profiting for a period of ten years.
The case dates back to 2004 when the Bombay High Court of Goa, while passing judgement on a public interest litigation, concluded that there were construction violations in the hotel and directed the removal of the illegal pillars and columns.
However subsequently the owners of the hotel, moved an application before the North Goa Planning and Development Agency (NGPDA) for regularization of the unauthorised structures.
Based on the application, NGPDA decided “to regularise the unauthorised development subject to levy of penalty of Rs 10,000 and with condition that the portion shown for demolition i.e. columns mentioned as decorative columns on ground floor and six rooms on fifth floor are to be demolished within a period of sixty days.”
In view of this order, the hotel didn’t remove (a different set of) pillars as directed by the High Court. Unimpressed, the Bombay High Court at Goa initiated a suo motu contempt petition against the hotel.
Inacio then approached the Supreme Court to quash the contempt proceedings in the High Court. On the first date