‘Illegal’ city-market shuts down operation in Mapusa on High Court’s direction

The High Court passed the order after the owner of the city-market Atmaram Gadekar gave an undertaking to the court to close down all the commercial activities in the 40 stalls in the market.   

The court also directed the Mapusa civic body to verify that the premises are closed as per the undertaking given by the owner until the appeal is disposed of.   

While passing the order, Justice Bharat P Deshpande took note of the objection raised by the petitioner Jawaharlal Shetye that the owner of the city-market was continuing with the commercial activities in the market despite of the demolition order issued by the Mapusa Municipal Council.   

Counsel for the petitioner, Adv Rohit Bras De Sa said that the MMC had no jurisdiction to pass the order as the appeal lies with the government and the Administrative Tribunal had no power to disturb the order of the Chief Officer.   

“Since the MMC had already issued an order of demolition, the contention raised by the petitioner against the impugned order dated Nov 11, 2021 is only for academic purpose,” the court observed.   

In September, the MMC had directed the owner of the city-market to demolish the stalls constructed at the periphery of the Mapusa town within 30 days failing which the council would demolish the same.   

At least 40 stalls and sheds for restaurant and ice cream parlour have been constructed in the city-market complex on comunidade land near the Carvalho Petrol Pump in the jurisdiction of Mapusa municipality.   

The Administrator of Comunidades, North had also issued a show cause notice to the owner asking why action should not be initiated against the alleged illegal construction.   

Two years ago the Mapusa municipality had issued a show cause notice to the city-market and even ordered sealing of the premises but it was subsequently re-opened.