Fomento case: HC pulls up govt 12 Feb 2009, 0009 hrs IST, TNN
PANAJI: The high court of Bombay at Goa on Wednesday pulled up the additional director of panchayats U V Mashelkar for failing to comply with earlier orders of the court and directed him to remain present in court on the next date of hearing. The court came down heavily on the directorate of panchayats during the hearing of a public interest litigation challenging the alleged CRZ violations by Fomento Resorts and Hotels Limited at Vainguinim. The petitioner one Colin Curry and eight others had pointed out that several structures of the hotel are within 200 metres of the High Tide Line and therefore lie within the No Development Zone in total violation of the CRZ notifications. The illegal structures challenged by the PIL include a barbeque platform, sheds, PCC structures and a private jetty built by the hotel. The division bench comprising justice P B Majmudar and justice N A Britto observed that every demolition order passed by the court in matters of CRZ violations is ultimately stayed by the directorate. "This has to stop somewhere," the bench orally observed. The advocate general of the state pointed out to the court that the directorate has adequate powers to hear appeals against the orders of the high court. At this point the petitioners advocate Mahesh Sonak argued that ultimately the beaches belong to the people of the state and cannot be sought to be privatized by the hotel in such a manner. Public trust doctrine has to be invoked in the matter, he said. Subsequently the bench was of the opinion that the official should explain his action and remain present in court to explain the directorate's stand on the issue. http://timesofindia.indiatimes.com/Cities/Goa/Fomento-case-HC-pulls-up-govt-/articleshow/4114885.cms
