THE GOAN NETWORK
PANAJI
The State government on Wednesday submitted to the Bombay High Court at Goa that it will not pursue criminal charges against four families who encroached on Cunchelim Comunidade land, stating they are victims.
The Division Bench of Justices M S Karnik and Nivedita P Mehta appreciated the decision adding that the State is still free to initiate civil or criminal proceedings against office-bearers of the Comunidade. The Bench also granted permission to petitioners Sikha Jha, Rajesh Jha, Girish Nayak, and Tulsiram Lodhi to file appropriate proceedings against the Comunidade.
“The AG (Advocate General Devidas Pangam) on instructions fairly submits that it appears that the petitioners are the victims considering the financial status and therefore the State does not propose to initiate criminal action against the petitioners under the Goa (Land Prohibition on Construction) Act, 1995. We appreciate the stand of the AG,” the order states adding,
“However, it is open to the State to initiate appropriate civil/criminal action against the office bearers of the Communidade of Cunchelim responsible for allotting the said land to the petitioners after the land was acquired by the State Government under the provisions of the Land Acquisition Act, 1884.”
The Court also allowed the petitioners to initiate appropriate proceedings against the Communidade for recovery or compensation in accordance with the law.
At the same time, the Bench has granted six weeks to these petitioners and other occupants to vacate the property failing which they will be liable for contempt.
“After a period of six weeks from today (Nov 13) it is open for the respondents (concerned government agencies) to initiate action of demolition if the undertaking is not complied with in addition to the contempt proceedings which the respondents are at liberty to initiate. If the undertaking is not filed within one week from today, it is open for the respondents to proceed with the demolition,” the order further read.
The petitioners are further directed to not sell, deal with in any manner or create any third-party rights in the premises; and that they should demolish the structures on their own else the cost of demolition would be recovered from them.
