PANAJI
The Bombay High Court in Goa has refused to stay the almost finished MRF shed construction in the Aldona Village Panchayat area despite allegations of encroachment made by Ramtaleshwar Devasthan.
During the joint hearing of a Public Interest Litigation filed by the Devasthan, and a writ petition by the Village Panchayat challenging the Administrative Tribunal’s order overturning the NOC granted by the Communidade of Boa Esperance on October 26, 2023, the High Court noted that stopping the project, which is 90 per cent complete, might lead to wastage of money already spent.
The Village Panchayats, as per the High Court’s directives, are mandated to set up MRF facilities in their respective areas to handle solid waste. Aldona Village Panchayat, although belatedly, obtained the plot from the Communidade under an NOC, and completed nearly 90 per cent of the work.
During the hearing of the petitions, the Village Panchayat stated that the Devasthan, not being a shareholder or a part of the Communidade, filed a complaint with the Administrator challenging the NOC, which was then stayed. However, a detailed order lifted the stay on January 10, 2024.
The Devasthan appealed the matter before the Tribunal that set aside the Administrator’s order and the NOC. In the meantime, on March 11, 2024, the government approved the long lease of the plot for the project at a monthly rental of Rs 5,600.
Devasthan’s legal representative argued that the NOC granted by the Communidade did not follow the provisions of Article 33 of the Code and other Articles and that the proposal was not published in the Gazette or newspapers. Therefore, it was deprived of the opportunity to object to the project and is willing to produce documents in support of its claim.
The Bench of Justice Mahesh Sonak and Justice Valmiki Menezes criticised the Tribunal for failing to appreciate the NOC and for the fact that the public project was almost 90 per cent complete. “In these circumstances, we are doubtful whether the NOC could have been set aside at the behest of a party which is neither a shareholder nor a component of the Communidade… Accordingly, we stay the Tribunal’s judgment and order but decline to stay the government communication. This is because the Panchayat has made out a very strong case, and further, the balance of convenience is also entirely in favour of the Panchayat,” the Bench ordered.
The Court further observed that 90 per cent of completed work is stalled with a likelihood of the amount spent being wasted. “The Panchayat and its residents would be deprived of the facility of MRF which was being put in compliance with the MSW Rules and directions issued by the High Court from time to time,” it stated.
As such, the Court directed Devasthan to file an affidavit disclosing documents based on which it claims ownership of the property allegedly in the vicinity of the MRF facility. The matter has now been posted for further consideration on March 27, 2024.
