1 IN THE HIGH COURT OF BOMBAY AT GOA SUO MOTU WRIT PETITION NO. 2/2006 --- ...... Petitioners V/s. Union of India through its Secretary and others. ...... Respondents. Advocate Ms. Norma Alvares, Amicus Curiae. Mr. S. S. Kantak, Advocate General with Mr. M. Salkar, Addl. Govt. Advocate for respondents No.2 and 3. Mr. N. N. Sardessai, Advocate for respondents No.9 and 11. Mr. A. N. S. Nadkarni, Senior Advocate with Mr. H. D. Naik, Advocate for respondent No.10. Ms. Anita Thorat, Advocate for respondent No.13. Ms. P. Kamat, Advocate for respondent No. 16. Mr. Zeller D'Souza, Advocate for respondent No.17. Mr. A. Palekar, Advocate fore respondents No.18 to 20. Mr. P. A. Kamat, Advocate for respondent No.24 to 27. CORAM : SWATANTER KUMAR, CJ. & N.A. BRITTO, J. Date : 21st January, 2009. P.C. : The Division Bench of this Court in its Order dated 12th January, 2009 had expressed it dissatisfaction in no uncertain terms in 2 regard to the noncompliance of the orders of the Court passed on previous occasions. By detailed order, the Court had further directed the respondents and particularly, respondents No. 9, 11, 13, 14, 18 and 23 to place appropriate material before this Court showing as to what action has been taken in connection with the removal of the unauthorised structures which might have been carried out after 19.2.1991, and, the Panchayats were to take expeditious actions. 2. It has been brought to the notice of the Court by the learned Amicus Curiae that respondents No.12, 14 and 23 have not taken any steps whatsoever. They have neither filed any affidavit nor placed on record any document showing as to what steps have been taken. It is least expected of the persons incharge of the affairs of the Panchayats to deal with the Courts' Orders in this manner. We find that the attitude adopted by these Panchayats needs to be deprecated and is a result of carelessness and irresponsible functioning of the Panchayats, in question. Consequently, the matter has to be adjourned for another date for compliance by these respondents. This adjournment is necessitated because of inaction on the part of these respondents. Consequently, we impose costs of Rs.10,000/- against 3 each of these Panchayats i.e. respondents No.12, 14 and 23. These costs shall be recovered personally from the Sarpanchas and the Secretaries of the said Panchayats. Let these costs be paid within 2 weeks from today. 3. We also direct issuance of notice to show cause why the proceedings under the Contempt of Courts Act be not initiated against these respondents, i.e. the Sarpanchas and the Secretaries of the respective Panchayats. Let the Registry issue notice to show cause against those respondents without bhatta. The reply should be filed before the next date of hearing. 4. As far as other respondents are concerned, they have taken some steps to merely place information on record that they have issued show cause notices. This again is a lapse on the part of these respondents, as they ought to have taken definite steps in terms of the order dated 26th September, 2007 as well as order dated 18.3.2008 passed in Writ Petition No.422/98. 5. The learned Counsel appearing for respondent No.10 4 submits that they have filed affidavit and would be further filing affidavit within one week from today. It is stated that respondent No.10 is acting within the framework. We grant last opportunity to the respondent No.10 and all other respondents to state on affidavit what proceedings have been conducted in furtherance to the show cause notice issued and in case the structures are found to be unauthorised, whether such structures have been demolished, if not demolished, what steps have been taken. Let these affidavits be filed within 4 weeks. The Panchayats are once again directed to take appropriate steps without further delay and in accordance with law. We make it clear that the Sarpanchas and the Secretaries of each of the Panchayats shall be personally held responsible for not complying with the directions of this Court, without default. The Registry is directed to send copy of this order to all the Panchayats without payment of bhatta and ensure that the same are served on the Panchayats. Stand over to 16.2.2009. These directions will also be applicable to the order dated 18.3.2008, in W.P. No.422/1998. This order of the Court shall also be brought to the notice of all concerned authorities, including the statutory appellate authority. They shall ensure that no matter is pending before them in excess of 2 5 months and they should deal with all the matters expeditiously and be careful while granting interim orders and the observations of the High Court should be kept in mind while dealing with the matters. CHIEF JUSTICE JUDGE ssm.