Panaji, Mar 29 (TOI): The high court of Bombay at Goa on Monday directed South Goa deputy collector to provide a squad to demolish 87 structures that have been identified as illegal by Mormugao Municipal Council (MMC) at Khariawada, Vasco.
The court passed the order on a petition filed by Mormugao Port Trust (MPT) seeking directions to MMC to identify and take action against hutments/structures along river Zuari, which do not have permissions and licences under the Goa Municipalities Act, 1968.
Adivision bench comprising Justices S C Dharmadhikari and F M Reis observed that, "Anyone who squats must go. The council must show its will and go ahead with the demolition of such illegal structures. Only then it will stop." "Why does the statutory body (MPT) have to file a petition against another statutory body (MMC) seeking directions from this court? Is it because MMC is not showing a will to demolish?" the bench further asked. The court, subsequently directed MMC to submit a copy of the inspection plan with the South Goa deputy collector by 3pm on Monday. The court directed the deputy collector to provide necessary assistance by providing demolition squads and police force so that there is no obstruction or impediment for removal of the structures while following due process of law. The court has also ordered those who prepared the plan to accompany the demolition squad to assist it. During the hearing of the application, MMC advocate S D Padiyar told the court that the process has been completed and 363 such structures have been identified against whom final notices have been issued by the council.
Out of these, owners of 276 structures had obtained stay orders from the administrative tribunal. He informed the court that the remaining 87 structures could not be demolished as the state government has not provided the council with a demolition squad despite several requests. Advocate general Subodh Kantak told the court that the deputy collector would act as soon as the inspection plan is submitted by MMC.
On February 21, 2011, the court had granted MMC ten weeks additional time for completing the process of identifying the structures. MPT has alleged that MMC had failed to act against these structures which are in violation of CRZ Notification, 1991 and the Environment Protection Act, 1986. The court will hear the petition further on April 6.