Anjuna Police Station
EXCUSE: PI Vishwesh Karpe : “There is no particular sectionin Law under which police could start taking action against these premises.Panchayat should seal the premises as police doesn’t have the power”.
FACT: Karpe could have written to SDM Mapusa who could havegranted him the necessary order to close the operations of the illegalrestaurants / shacks under Section 133 (b) of the CrPc, which states that ifthe conduct of any trade is injurious to the health or physical comfort of thecommunity, such trade or occupation should be prohibited or regulated or such,goods or merchandise should be removed or the keeping thereof regulated
Karpe could have also taken the Anjuna Panchayat’s letterand sought SDM / Mamlatdar’s approval to remove these structures under CrPC 133?
Anjuna Panchayat
REALITY: The panchayat in its letter to the PI states: “Nolicences have been issued to the owners of Curlies Shack and Restaurant, ShivaValley Bar and restaurant, U V Bar and Restaurant and Hippies Ocean Café as thesame have been held up due to various complaints received from residentsagainst them for noise pollution, traffic congestion and other illegalities”,
EXCUSE: They are understaffed and do not have powers toremove these properties.
FACT: Goa Panchayat Raj Act and Rules of 1994 empower the PanchayatSecretary under Section 47 (ii) to initiate action for stopping and ordemolishing an unauthorised structure / building constructed without thepermission of the Panchayat after resolution is passed to that effect.
