HC gives Green signal to Aldona MRF amid encroachment charges

Goemkarponn desk
PANAJI: Despite Ramtaleshwar Devasthan’s claims of encroachment, the Bombay High Court in Goa declined to stay the nearly completed MRF shed construction in the Aldona Village Panchayat area.
The High Court noted that stopping the project, which is 90% complete, might result in the waste of money already spent during the joint hearing of a Public Interest Litigation filed by the Devasthan and a writ petition by the Village Panchayat challenging the Administrative Tribunal’s order overturning the NOC granted by the Communidade of Boa Esperance on October 26, 2023.
In order to manage solid waste, the Village Panchayats are required by the directives of the High Court to establish MRF facilities in their respective regions. After receiving the plot under a NOC from the Comunidade, albeit a little later than expected, Aldona Village Panchayat finished almost 90% of the work.
The Village Panchayat said during the petition hearing that the Devasthan, who is not a shareholder or member of the Communidade, complained to the Administrator about the NOC, which was subsequently stayed. On January 10, 2024, a comprehensive decree lifted the stay, nevertheless.
The Devasthan appealed the case to the NOC and the Tribunal, which invalidated the Administrator’s order. Meanwhile, on March 11, 2024, the government gave its approval for the project’s long-term plot lease at a monthly rental of Rs 5,600.
The legal representative for Devasthan contended that the NOC granted by the Communidade was not published in the Gazette or newspapers, and that it did not adhere to the provisions of Article 33 of the Code and other Articles. It is prepared to provide documentation to back up its claim that it was denied the chance to object to the project.
The Tribunal was chastised by the Bench of Justices Mahesh Sonak and Valmiki Menezes for its disregard for the NOC and the reality that the public project was nearly 90% finished. “Under these conditions, we question whether the NOC could have been annulled at the request of a party that is neither a member of the Communidade nor a shareholder.
Consequently, we decide not to stay the government communication but to stay the Tribunal’s ruling and order. This is because the Panchayat has presented a very compelling argument, and the Bench also decided that the Panchayat has the complete advantage in terms of convenience.