FRIDAY, APRIL 26, 2024
Activists and protestors, at the Old Goa site, are still waiting for a single document or order to the village panchayat of Old Goa which asks the local body to demolish the structure
The Chief Minster’s remarked on the day of the feast of Francis St Xavier that he had asked the relevant authorities to take necessary action and demolish the structure. But the order of the TCP to the Old Goa panchayat does not mention the word ‘demolish’.
Moreover, in a letter to the Old Goa Panchayat, dated December 2, on the eve of the St Francis Xavier feast, the TCP ‘requests’ the Panchayat of Se-Old Goa ‘to initiate necessary action’. The letter is addressed interestingly to Jose Maria de Gouveia Pinto, the original owners of the land, to whom all official correspondence is still addressed and not the de facto politically linked owners.
The operative part of the letter states: “And whereas this office (TCP) has subsequently revoked the said technical clearance …. For the reasons mentioned therein. Since the technical clearance order dated 18/10/2016 stands revoked vide order dated 30/11/2021, you are hereby requested to initiate necessary action against the construction referred, as provided under the Village Panchayati Raj Act.
It is important to point out the following: There is no clear directive to demolish. Here TCP may take the view that TCP isn’t the authority to demolish, nor can one department issue a directive to another department (Panchayats). This directive should flow from the government or the Director of Panchayats under instructions of the panchayat minister.
Therefore, there is no directive from any competent authority to demolish the illegal construction adjacent to the St Cajetan Church.
Architect activist Tahir Noronha, who is a part of the protest movement explained that according to Section 66(3) of the Act, the Panchayat may take two kinds of action: a) Issue an order for revocation of the construction licence; and b) Issue notice for demolition. None of the above has been done.
He then produced the show-cause notice by the Old Goa Panchayat. He said that this merely indicates that the panchayat has initiated action on (a) revocation and not (b) demolition.
He mentioned that further, the Act does not allow the panchayat to demolish without giving the builder an opportunity for a hearing.
The same builder was able to convince this very panchayat that a house from Parcem existed in the plot since the 1930s. Architect Noronha, therefore, maintained that until concrete steps for demolition are taken he advised the citizens on Satyagraha to continue, and not be misled by others, even other professionals.
