FRIDAY, MAY 03, 2024
Augusto Rodrigues
ARPORA: The name of Arpora-Nagoa Sarpanch Roshan Redkar and former sarpanch Salim Sayed and his family members feature once and seven times respectively in the list of 73 names submitted to the Goa Bench of the Bombay High Court in a Writ Petition citing irregularities in land-filling in low-lying areas and illegal construction within the jurisdiction of the panchayat.
As reported, the High Court last Wednesday directed the panchayat to submit an affidavit detailing the status of the forty-two notices and explain why the notices have still not been disposed of and the timeline to do the same.
That the panchayat did nothing after sending the notices irked the judges. “The panchayat should also explain why demolition orders have not been executed to date and the timeline within which the demolition orders will be executed,” read the order.
“The petitioners state that there is a concerted effort to protect and preserve the illegal structures erected in several survey numbers of village panchayat Arpora-Nagoa. No action is sought to be taken against the structures as it will have the effect and potential of disturbing the vote banks of ward members of the village panchayat,” claims the petition.
Chahit Bansal and Navkaran Singh, both residents of Assagao, have in their Writ Petition represented by Advocate Rohit Bras De Sa brought to the notice of the court – through RTIs obtained- how the village panchayat had sent notices under Section 64/ (j) and 82 of the Goa Panchayat Raj Act 1994 to forty-two individuals for carrying out illegal land filling/construction in low-lying areas.
The petitioners further contended that notices were also served Under Section 66 Sub Section 3 read with Section 2 of the Panchayati Raj Act 1994 against thirty-one persons, indicating that the individuals had illegally constructed unauthorised structures.
“I have received the notices from the Panchayat and replied. We then approached the BDO and we will do what we have, to protect our forty-year-old structures,” stated former sarpanch Salim Sayed.
“In those days when we started our place, there was no need to have an occupancy certificate. But our places are documented in the land survey records. We have our papers,” said Sayed when asked how his place operated without an Occupancy Certificate.
To rub their point, that, authorities are turning a blind eye to illegalities officially accepted by them, the petitioners claim that, “the Deputy Collector of Panchayat is also failing to assume the powers of the Panchayat in terms of Section 66(5) of the Goa Panchayat Raj Act and direct the Block Development Officer (BDO) to take action against the illegal building/structure,” made by the court in its order dated 6/11/2023 in Writ petition 38/2023.
The petitioners admitted to the High Court that only, “the Water Resources Department (WRD) has taken action against the illegal bore wells but has not indicated the presence of septic tanks which have the potential of contaminating the groundwater.”
It was brought to the notice of the High Court that they, “by a letter dated 05/02/2024 the office of the Senior Town Planner astonishingly sends a letter to the petitioners informing them that they requested the police Station at Anjuna to keep strict vigil on the property.”
“The petitioners state that the aforesaid communication indicates that the office of the Senior Town Planner has abdicated its statutory duty under Sections 17A and 17B of the Town and Country Planning Act.
The High Court judges were informed that despite demolition orders being issued, construction activities continued on sites.
The High Court says
The panchayat should also explain why demolition orders have not been executed till date and the timeline within which the demolition orders will be executed
