MARGAO MUNICIPAL COUNCIL Vs. DOMINGOS BARRETTO

JUDGEMENT

(1.) This order disposes of Contempt Petition No. 4 of 2022, Miscellaneous Civil Application No. 2706 of 2022 (F) filed therein, Miscellaneous Civil Application No. 44 of 2023 in Writ Petition No. 367 of 2006 filed on behalf of the Applicant-Margao Municipal Council (MMC) for modification of the order dtd. 30/4/2007 passed in Writ Petition No. 367 of 2006 and Miscellaneous Civil Application No. 261 of 2021 in Contempt Petition No. 20 of 2019.

(2.) Mr. Lotlikar submitted that this was the fourth Petition for implementation of the order dtd. 30/4/2007 in Writ Petition No. 367 of 2006. Therefore, this time, the MMC must be directed to implement the 2007 order within a time-bound schedule. He submitted that the allegations of MMC about collusion between the Petitioner and the second and third Respondents in the Civil Application [MCA No. 44 of 2023] are objectionable. He submitted that such allegations are made to deflect the focus from the main issue of providing an asphalted road from stretch D to E as was directed. He, therefore, urged action under the Contempt of Courts Act against the MMC officials.

(3.) Mr. Parag Rao submitted that asphalting will be carried out, and the MMC made efforts to do the same. However, he pointed out that in terms of the various permissions issued to the second and third Respondents (original owners), such original owners were supposed to have constructed the road, including asphalting of the stretch between D and E. He pointed out how the original owners had also held out that they had completed the construction of this road and, based upon this representation, even secured completion and occupancy certificates for their mega project.