MARGAO
The Margao Municipal Council is faced with a strange question “ whether the civic body can execute demolition orders in times of Covid pandemic, more so in the light of the Bombay High Court order on demolitions.
Sources in the Margao Municipal Council informed that the civic body had approached the South Goa demolition squad headed by Sub-Divisional Magistrate, Margao, with a plea to arrange the squad to execute demolition orders.
Incidentally, while the demolition squad has fixed a couple of demolitions this week, questions have come to haunt the Municipal officials, whether the civic body can implement the demolition orders in view of the Bombay High Court orders on the issue of demolitions.
Chief Officer Agnelo Fernandes, when asked to shed light on the subject, said the Margao Municipality has sought legal advice on whether the civic body can execute demolition orders during the pandemic.
Another question that has come to haunt the civic body is whether an order issued by the Bombay High Court is applicable only to the State of Maharashtra or is extended to Goa as well given the High Court has its jurisdiction over the State as well.
The Chief Officer pointed out that though the Bombay High Court had passed an order some months ago, the court by an order dated October 29 last had extended the interim orders passed by the court till December 22 or until further orders, whichever is earlier.
In the October 29 order, the Bombay High Court had observed that although the situation in the State of Maharashtra because of the pandemic has improved over the last few days, access to the courts of law is yet not free.
“To ensure that persons suffering orders form dispossession, demolition, eviction, etc passed by public authorities are not inconvenienced by reason of disability to approach the courts of law because of the restrictions as to movements imposed by the State government as well as the requirement to maintain social distancing norms, we consider it just and proper to extend the interim orders passed by the court on this writ petition till 22nd December, 2020, or until further orders, whichever is earlier,” the High Court stated.
It is learnt that the first demolition fixed by the demolition squad on the requisition made by the Margao Municipal Council is scheduled on Monday.
Sources in the MMC, however, informed that since the civic body is a requisitioning agency for the demolition squad, it’s the municipality that will be required to take a call on the legal question.
Officials in the know pointed out that if the civic body decides to postpone the demolition scheduled on Monday, all other demolitions fixed by the squad may be kept on hold till December 22.
