Show-cause notice issued to Fatorda PI; high court to be apprised of bailiffs hardship
MARGAO
In a significant development that has brought to the fore how orders of courts for demolition are not executed for want of cooperation from State machinery, a Margao Civil Division Court has decided to draw attention of the High Court to the hardships faced by the Courts bailiffs due to the incompetence of the State machinery to comply with court orders.
The Court has also directed to issue show-cause notice to the Fatorda Police Inspector as to why action should not be initiated for the wilful disobedience in following the orders of the court.
In fact, the Civil Judge has directed that the show-cause to the Fatorda PI be served through the Deputy Inspector General of Police and the Superintendent of Police, South Goa.
The Civil Judge passed the order in the matter of demolition of a structure at Gogol, which was postponed twice for want of cooperation from the State machinery.
The warrant of demolition was returned unexecuted in view of the fact that some persons allegedly obstructed the bailiff of the court in carrying out the orders of the Court. Moreover, the Judge observed that the concerned police inspector failed to provide necessary police protection. “Issue Show-Cause Notice to PI Fatorda, as to why action should not be initiated for wilful dis-obedience in following the orders of the Court. The show-cause to be served through DIG of Goa Police and SP South Goa,” the Court ordered.
The Court further decided to issue letter to the Registrar of High Court of Bombay at Goa, to place the application before the Guardian Judge stating the hardships faced by the Courts bailiff due to the incompetence of the State machinery to comply with the orders of the Court.
Representatives of Margao Comunidade informed that the demolition of the structure located at Gogol twice scuttled, first after a politician obstructed the demolition machinery. The demolition could not be carried out the second time earlier this week after some persons obstructed the bailiff from executing the demolition warrant. “When the comunidade is trying to initiate action, the politicians and the State machinery tried to put spokes and obstruct the rule of law. Then, the government push the blame for the mushrooming of illegal structures on comunidade land,” remarked a Margao Comunidade representative.
He added: “One of the grounds advanced by the government for introducing the Mhaje Ghar scheme is that the comunidade had failed to initiate action against illegal structures. But, here is a classic case how the official machinery is not cooperating with the comunidade to enforce of the rule of law.”
