PANJIM: Expressing its concern over the various government departments failing to act in some of the orders and file compliance reports, the High Court of Bombay at Goa has asked the Chief Secretary to issue instructions to all the departments asking them to act on Court orders and file compliance reports.
The Court observed reluctance followed by the some of the departments by delay in complying with the Court directions, particularly in matters of illegal construction.
Hearing a contempt petition in public interest litigation (PIL) writ petition filed by Alex Pereira through attorney holder Liberate D'Souza, the Court found that the Goa Coastal Zone Management Authority (GCZMA) had already issued directions on September 18, 2023 to the North Goa Collector and the Bardez Deputy Collector to execute the demolition orders. However, the Collector and the Deputy Collector did nothing and the petitioner was forced to institute the contempt petition.
The Court said, “The Revenue Secretary or the Chief Secretary must also consider issuing a circular to all the concerned officials mostly involved in compliance with Court directives to ensure prompt compliance with Court directives. We find that even after contempt petitions are filed, the officials take matters extremely lightly and do not even bother to file any affidavit to explain non-compliance or delays in compliances.”
Accordingly, the division bench Justices Mahesh Sonak and Valmiki Menezes directed the Secretary (Revenue) to enquire into the conduct of the officials who were responsible for compliance with the Court directions and to fix the responsibility of non-compliance on such officers.
The Revenue Secretary must comply with principles of natural justice and give such officers full opportunity to explain themselves. After fixing the responsibility on the particular officers, an entry must be made in their confidential rolls. This exercise must be completed within six months and a compliance report must be filed by the Revenue Secretary in this Court.