In an interesting direction the Bombay High Court has ordered action against an Additional Chief Metropolitan Magistrate in Mumbai who pronounced -----two orders ON ONE AND THE SAME PETITION ---- ie a) one order handwritten ---stating that “ dispute in view appeared to be civil in nature and that it was totally wrong for the complainant to approach a criminal court” AND b) in another order typed, he stated that it was “ necessary to direct the police to investigate the matter u/s 156(3) Criminal Procedure Code.
There is a similar instance of a case in the State of Goa involving unauthorized change of land use u/s 32 of Goa Land Revenue Code 1968 at Borda, Margao, initiated on 28.4.1993, in the Court of Sub Divisional Officer, and Deputy Collector, Sub Division Margao, Mr. Dharmendra, IAS between the Mamlatdar of Salcete, Margao- Complainant and two Landowners one a foreign national of Indian origin residing in Ontario Canada and a Developer ( a relative of an ex-CM and present Minister in the coalition government )- Respondents. The fact of the matter is that the Respondents had carried out construction in the agricultural land at Borda in settlement zone S-1(though this declaration on oath by the Respondents that the construction commenced in 1990 was false as MMC had already granted them Occupancy certificate for two buildings in 1990 itself. Hence construction was obviously carried out much earlier) and applied for change of land use viz sanad of conversion only on 3.9.1992. Thi is a violation of the Goa Land Revenue Code 1968 and rules therof. Disposing of the matter vide order dated 5.9.1996, the then Sub Divisional Officer, and Deputy Collector, Sub Div Margao Mr. A X B Viegas had granted an option to the Respondents under rule 9 of the Code to apply for regularization, if they desired to do so failing which the structures thereon would be demolished. Yet the Respondents did not pursue the order to its logical conclusion. Instead, apparently in connivance with the dealing hands in the revenue Department Govt of Goa and Municipality they simultaneously went ahead with the illegal constructions and allegedly obtained Occupancy certificates for another two buildings in 1992 and 1993 from the Margao Municipal Council while the case was in progress. The veracity of these Occupancy Certificates are being re- examined in March 2009 by the present Chief Officer Margao Municipal Council Mr. Y B Tavade as no notings to that effect appear to have been made on the file concerned. He also examining the other title documents Power of Attorney if any produced by the Respondents to the Margao Municipality and also some other irregularities committed by his predecessor Mr N D Agarwal ex CO MMC (now the Director of Printing Press ) on December 2007. The legal advice tendered to the Municipality by the Municipal Representative Mr S D Padiyar (Adv)and Mr R Lotlikar (Adv) on the matter of amalgamation of plots when the same have not been amalgamated is being scrutinised, as well. The Respondents as a matter of fact claimed to have learnt of the order from the Sub Divisional Officer, and Deputy Collector, Sub Div Margao only on 13.12. 1997 almost a year and quarter later; which implies that dealing hand in the Collectorate did not serve the order to them, nor did they pursue the same within the fifteen days grace period granted to the Respondents by the order. It also transpired that it was only on 30.09.1998 the then Sub Divisional Officer, and Deputy Collector, Sub Div Margao, Mr. H Rajesh Prasad realising that one of the two Respondents was not included, ordered an addendum dated 30.9.1998 to the order dated 5.9.1996 and by another notice dated 12.10.1998 directed the Respondents compliance of the order within 15 days or to face demolition of the unauthorised structures theron. Since most of them were REPEATEDLY transferred it was only later that the then Sub Divisional Officer, and Deputy Collector, Sub Div Margao, Mr. Gokuldas P Naik regularized only part of the illegal structures in partial compliance of the order dated 5.9.1996 and addendum 30.09.1998 but with several irregularities upon one of the Respondents paying the conversion fees and a fine and issued the sanad of conversion on 22.3.1999. When these irregularities were referred to the Department of Vigilance ( a body which is not independent and has to inadvertently toe the bureaucratic line) in July 1999 they observed that there was nothing wrong from the " vigilance angle" and the bureaucrats involved escaped scot free. However later on 24.01.2001 the then Sub Divisional Officer, and Deputy Collector, Sub Div Margao, a promising and upright and known for his no nonsense attitude Mr. Sanjit Rodrigues realizing that there was only part compliance of order dated 5.9.1996 and addendum dated 30.9.1998 and other reported irregularities directed the Respondents to show cause within 7 days why the structures should not be demolished. But the startling revelation was that his predecessor then Sub Divisional Officer, Margao and Deputy Collector, Mr Gokuldas P Naik who was aware of the matter and its legal status viz; the order dated 5.9.1996 and addendum dated 30.9.1998 and that he himself had got part regularization and issue of conversion sanad to the Respondents on 22.3.1999 had infact clandestinely filed a fresh case on 28.1.2000 once again ON A MATTER IN THE SAME SURVEY WHICH WAS ALREADY DISPOSED. The Department of Vigilance, Mr Swapnil Naik another upright officer this time round on 20.09.2001 directed the Collector South Goa District to ascertain a) whether two cases of illegal conversion were started in the same matter in the same survey number and b) reasons for delay in processing the matter for past three – four years? etc When the Collector referred the matter to the then Sub Divisional Officer, and Deputy Collector, Sub Div Margao, Mr. Sanjit Rodrigues ( presently the Director of Industries )he appears not to have examined threadbare the issue and appeared to have ignored these queries raised by the Department of Vigilance which obviously had grave legal implications. In his reply he also overlooked his own directions to the Respondents on 24.01.2001 as stated above. Instead vide his observations dated 14.8.2001. The Department of Vigilance too appeared to have closed the matter. But these startling revelations came to light only on January, 2009 when documents were collected under the Goa Right to Information Act 2005 . Further information under Goa RTI 2005 is now sought in 2009 from the Public Information Officer and Collector Mr. R . Mihir Vardhan South Goa District who in turn has directed the Sub Divisional Officer, and Deputy Collector, Sub Div Margao to respond to the queries of the Dept of Vigilance dated 20.09.2001 and hopefully after well over a decade since the order was issued viz on 5.9.1996 the erring then Sub Divisional Officer, and Deputy Collector, Sub Div Margao, Mr. Gokuldas P Naik ( who was recently transferred from Collectorate South to the Collector North Goa District following the coming effect of the Model Code of Conduct and now again unceremoniusly transferred once again ) who is responsible for these irregularities and also some others including the dealing hands who have colluded in the matter will hopefully be brought to book. The Department of Vigilance is now examining the above lapses and the irregularities committed by the ex CO MMC Mr N D Agarwal on a Corrigendum document dated 24.12.2007. It is left to be seen how the government deals with this delinquent officer, though he is known in bureaucratic circles to be the MAN FRIDAY of the Chief Minister. GODFREY J. I. GONSALVES, BORDA, MARGAO, 403 602, GOA. (INDIA) +91 98221 58584 (24 HRS) [email protected] Connect with friends all over the world. Get Yahoo! India Messenger at http://in.messenger.yahoo.com/?wm=n/
