----------------------------------------------------------------------- Documented by Goa Desc Documentation Service & circulated by Goa Civic & Consumer Action Network (GOA CAN)<[EMAIL PROTECTED]> Ph:2252660 ----------------------------------------------------------------------- -------------------------------------------------------- HC admits plea on Panjim Corporation Act -------------------------------------------------------- The Panjim Bench of the Bombay High Court has admitted the petition filed by the People's Movement for Civic Action (PMCA) and others, challenging the constitutional validity of the City of Panjim Corporation Act.
PMCA and the Goan People's Forum had not only challenged the provisions of the Corporation Act but also the procedure followed by the government for super-imposing a corporation on the existing municipal council.
The petitioners claim that the PMC was upgraded as a Class A municipal council after its population crossed the mark of 50,000 (including urban Taleigao) in 1996. According to the 2001 census, the population of Panjim is 43,349 while that of Taleigao is 14,830.
When the Corporation Act was passed, Taleigao was converted into a village panchayat, and instead of re-classifying the PMC as a Grade B council, the government attempted to convert it into a corporation with the inclusion of rural areas of Pilerne, Salvador do Mundo, Socorro, Reis Magos, Sangolda, St Cruz, Bambolim and Morombi-o-Pequeno.
The petitioners have claimed that the inclusion of rural areas without notifying them as urban areas in the Corporation is against the constitution, and that neither the municipal council, the panchayat bodies nor the villagers were consulted.
The petitioners have also stated that on exclusion of four of the elected councilors (from Taleigao) from the PMC, the council would have had only 14 elected councillors if it had been retained as a Grade B Council. But instead of providing self governance through the elected council, the government has super-imposed a corporation where there is provision for election of 50 corporators, who are likely to be paid at the same rate as the present elected councillors. This would drain the treasury of the council, states the petition.
The petitioners have also stated that once Taleigao was notified as an urban area, and included in the PMC, there is no question of it being relegated to the status of a village panchayat, nor was there any justification on the part of the government to include the village panchayat areas into the corporation.
When the matter came up in the High Court on Tuesday, the court admitted the petition and granted liberty to the petitioners to apply for expeditious hearing. Advocates J Mistry and S N Joshi appeared for the petitioners, while Advocate General A N S Nadkarni represented the State. -------------------------------- HERALD 16/7/03 page 1 --------------------------------
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