MAPUSA
Defending the stay he got over the extra ordinary general body meeting of the Saligao comunidade last week, the Attorney of Saligao comunidade Ashley Delaney e D’Souza said that the North Goa Administrator has followed proper procedure as the comunidade had failed to issue a show cause notice to him.
Delaney also said he has built a material recovery facility on a plateau and it has all the required permissions.
However, the authorities “ Saligao comunidade and the local panchayat “ have outrightly rejected the attorney’s assertion.
The Goan produces both sides of the story.
Saligao Attorney Ashley Delaney: According to the attorney Ashley Delaney the North Goa Administrator of comunidade found the comunidade committee acting in a haste to call for the extra ordinary meeting without proper material on record.
“After understanding the sequence of events, I find that proper procedure has not been followed, in issuing a show cause, as also in calling an executive committee meeting. There has been no opportunity given to the Attorney for a hearing, and no show cause notice issued as per natural justice. The procedure as laid down under Art 70 (1) and Article 74, of the code of Comunidades has not been followed,” said Shiv Prasad Naik, Administrator of comunidade in his two-page order.
Delaney also said the message of staying the meeting was conveyed to all gaunkars by whatsapp messages and even to the churches.
Saligao comunidade President: The Saligao comunidade President Desmond D’Costa maintained that there were no grounds to give a stay and the administrator overstepped his jurisdiction.
“The administrator has no jurisdiction to stay a legally called extra general body meeting,” D’Costa said.
He said there are two ways to dismiss an attorney.
“As per article 264 of the code of comunidade a petition can be raised by five or more gaunkars asking for an extra general body meeting. Then in the general body meeting the matter is taken up for discussion for the dismissal of the attorney or his substitute and the election of the new person can be taken up. We followed this way which is the democratic way where the administrator is not involved,” D’Costa said.
"In the second way as per article 70 and 74 of the code a petitioner sends his petition to the administrator, who then orders a show cause notice to the attorney and hears him and then decides to dismiss him or not," he added.
Saligao Attorney Ashley Delaney: Delaney said he has set up a Material Recovery Facility (MRF) on the Saligao plateau by following all procedures.
“The MRF has been running for the past one year legally with permissions from the comunidade, Goa State Pollution Control Board, Goa Waste Management Corporation and the Saligao panchayat. At present it is awaiting annual renewal from the panchayat,” the attorney said.
Saligao Sarpanch Lucas Remedios: Saligao Sarpanch Lucas Remedios said that the panchayat runs its own material recovery facility on land provided by the comunidade and the MRF run by Delaney was a private entity which was illegal.
“The panchayat had issued permission to Delaney based on the NOC he produced to us. But now the comunidade has written to us stating the MRF does not have permission of the comunidade. He mis-guided us. So we have not renewed his permission and we will remove that MRF,” Remedios said.
