Does the law of the land apply only to the "aam aadmi"? While the Chief
Minister of Goa and MLA Margao Mr Digamber Kamat (Digu Bab) brags about
bringing governance to the door step of the "aam aadmi" here is how his own
party colleague an Indian National Congress Party General Secretary and
unsuccessful INC candidate of the Fatorda Assembly constituency Mr Vijay
Sardessai tried to hoodwink the authorities and bring up a grandiose structure
( yellow painted Bungalow ) visible to the naked eye on the Western side of the
NH 17 just on the outskirts of the KTC bus terminus Margao Salcete Goa
According to information and documentary evidence provided to this writer the
Panaji Bench of the Bombay High Court, today after hearing a protracted
arguments by both legal Counsels, were pleased to grant a stay on any further
constructions in the properties designated as "Valado de Palmaras" surveyed
under PTS 20 Chalta Nos 1 of City Survey Margao besides several adjoining
properties.
This was a sequel to a public interest litigation WP 263 / 07 filed by Mr
Shriram Shrinivas Pai Raiturkar a resident of Margao ( brother of ex
Chairperson of Margao Municipal Council Mr Santosh S Pai Raiturkar) the
Petitioner against the State Government of Goa and several others including Mr
Vijay Sardessai General Secretary GPCC and M/s Estate Firm owned by his spouse
Ms Usha Vijay Sardessai of Comba Margao all Respondents.
It may be recalled that vide deeds of Sale 22.7.2002 1.7.2004 and 2.7.2004 M/s
Estate Firm Comba Margao purchased agricultural low lying tenanted land and a
"bundh" belonging to the Crastos of Donvedem and 10 others besides one
Joaquim Filipe da Piedade Soares & others all r/o Borda Margao . The total
areas of all the above low lying tenanted agricultural properties and the
"bandh" admeasuring 7457 m2 were surveyed under Chalta Nos 1, Chalta No: 2 SD
4 and 16 Chalta 3 sub div 2 and 7 11, Chalta No 2 Sd 5 Chalta No 3 4 - 11 of
Plane Table Sheet No: 20
Interestingly the "bandh" admeasuring 8.5 mts could not be granted change of
land use i.e from its classified status under natural reserved 2 to Urban
Settlement (S1) under section 17 A of the TCP Act 1974
Moreover the other lands were agriculture tenanted property and as such needed
to pass the test of section 18 K and 18 C of the Agricultural Tenancy Act 1964.
Hence the land could not in any way be sold by its tenanted owners to the
present owners the Sardessais and their firm.
But browbeating all legal hurdles Mr Sardessai apparently using his political
clout managed to get a "provisional" notification dated 14.10.2001 for change
of land use which was subsequently revoked by the then TCP Minister Mr
Antanasio (Babush) Monserate following adverse remarks from the Vigilance
Department.
Notwithstanding this Mr Sardessai apparently fudged documents and carried out
the developmental activities sans the approval of the authorities on the said
properties and with the assistance of then MP Mr Churchill Alemao and present
PWD Minister also succeeded to direct the Collector South Goa District to build
a road utilising MPLAD funds on top priority on 29/04/2005.
Interestingly besides this bungalow which is the cynosure of all eyes a total
of 18 such bungalows were intended to come up on this tenanted land and the
bandh, which was widened by land filling of 2.5 mts according to the
petitioner. But owing to the then embargo on contruction within 75 mts from
the centre line of the NH 17 three proposed bungalows were axed.
However with the relaxation of the ban to 45 mts there may be an opportunity to
construct the same if the Sardessais succeed in their legal battle.
What apparently the High Court Judges hearing the petition were taken by
surprise according to the Petitioner was how the Department of Town and
Country Planning, the Collector of South Goa District, the Municipal Engineer
and Chief Officer Margao Municipal Council, the Revenue Department authorities
the Member Secretary South Goa Planning Development Authority, prima facie
violated all norms to allow such blatant change of land use - and developmental
activity in full public glare.
According to the petitioner he has now prayed that all the licences be revoked
and that the lands be restored to situation ante.
The petitioners were represented by ex Advocate General of Goa Mr Gilman Coelho
Pereira while the Respondents by Mr Mahesh Sonak (a relative of one of the
Respondents )
Mr. Raiturkar the petitioner however feels that this battle is just the tip of
the ice berg the next hearing could take place after a couple of years and
there is a possibility that the Respondent may use his political clout to have
the change of land use under the revised Outer Developmental Plan which was
recently kept for public viewing and hearing of objections.
In fact Mr Raiturkar told this Petitioner immediately after the Court verdict
that he had to obtain the entire documentations only under the Right to
Information Act. Interestingly the local BJP MLA of Fatorda Mr Damu Naik had
raised this issue on the floor of the Goa Legislative Assembly and it was owing
to this that the matter was referred to the Vigilance Department.
The questions now being asked a) will the Court grant the officials involved
in bending the laws to suit their political masters exemplary punishment to
send a message to others b) or will the Respondent use further political clout
to REGULARISE the illegalities ? Atleast for now the activities on the
disputed site will now be stayed and should act as a deterrent to Executive to
refrain from bending rules.
In the meanwhile it would be worthwhile for the Governor of Goa Mr S C Jamir to
take cognizance of such gross violation, to bring a semblance of rule of law.
Not all citizens have the moral sagacity and financial acumen to get such
directions from the Courts. Will the Goa Pradesh Congress Committee Chief and
Mormugao Parliamentary Constituency Mr Francisco Sardinha take personal
interest to set right the gross irregularites and will atleast for now unseat
Mr Sardessai from the top ranking Executive Body of the ruling coalition in
Goa.
GODFREY J. I. GONSALVES,
BORDA, MARGAO, 403 602, GOA. (INDIA)
+91 98221 58584 (24 HRS)
[EMAIL PROTECTED]
Forgot the famous last words? Access your message archive online at
http://in.messenger.yahoo.com/webmessengerpromo.php
