Navy asked to serve demolition notices within six months
the goan I network
PANAJI
The Bombay High Court at Goa has come down heavily on the Mormugao Planning and Development Authority for trying to save the allegedly illegal buildings constructed in violation of height restrictions around the Goa Airport by one Kamala Prasad Yadav, who is the Deputy Sarpanch of Chicalim village Panchayat and a member of the Mormugao Planning and Development Authority (MPDA) and a close aide of Minister of Panchayats Mauvin Godinho.
The buildings have been constructed in violation of the Aircraft Act and rules and were the subject of an intense debate in which Panchayat Minister Mauvin Godinho, in trying to defend the constructions, himself accused the Navy, which controls the airport of trying to rule Goa ‘by proxy’.
In a judgement passed by on Friday, a division bench of the Bombay High Court at Goa of Justices M S Sonak and M S Jawalkar directed the Flag Officer, Commanding as well as the Authorities enjoined to make final orders to initiate/complete action as expeditiously as possible and in any case within a period of six months from today (to deal with buildings built illegally around the Goa airport).
“From the record, we find that the MPDA has not only ignored with impunity several letters and communications addressed by the Flag Officer, Commanding in the context of unauthorized constructions mushrooming around the
Dabolim Airport but further attempt was made by the MPDA to even overreach the action of the Central Authorities under the Aircraft Act, particularly in the context of 2015 Rules and the CCZM prepared thereunder by the Central Authorities.
What drew the court’s ire was a resolution passed by the MPDA which sought to overrule and nullify the Colour Coded Zoning Map brought out by the Navy to identify areas around the airport which would need a prior NOC from the Navy before construction.
“Rather than to act in accordance with Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015 and the CCZM prepared thereunder, the MPDA, proceeded to pass the aforesaid resolution seeking to ignore with impunity the 2015 Rules and the CCZM prepared thereunder. This was clearly an exercise in patent excess of the jurisdiction vested in MPDA,” the High Court observed.
The Flag Officer Commanding, in an affidavit filed before the Bombay High Court, had alleged that despite several letters he had written to state government authorities, no action was taken by the MPDA, the Village Panchayat of Chicalim and the State Government officials to stop the constructions, which went on “unabashedly”.
“From the affidavit filed by the MPDA and the panchayat (both of which Yadav is a member), an impression is created that these authorities are interested in protecting such structures regardless of the issue of aviation safety,” the High Court observed.
“Further, what is more disturbing is that one of the parties to these petitions Kamla Prasad Yadav (Builder) who is alleged to have undertaken the unauthorized construction in prima facie defiance of 2015 Rules and the CCZM prepared thereunder, in his capacity as the Deputy Sarpanch and Member of the MPDA, is also a party to the resolution dated 18th November, 2019. According to us, at least prima facie, this is a case of conflict between interest and duty,” the High Court observed while adding that the Government should “very seriously take up” the issue of conflict of interest in the Planning and Development Authorities.
“According to us, it is for the State Government, to look into this situation with all seriousness because, if the Members, having conflict of interest are taking part in the decision process, the ensuing decisions may be rendered vulnerable, if challenged,” the High Court said.
The High Court then directed the naval authorities to begin proceedings against the allegedly illegal constructions around the airport within a period of six months.
