In the world of construction in urban or rural development, terms like "illegal," "unauthorised," and "irregular" often make headlines. These classifications highlight varying levels of non-compliance with laws and standards. Illegal construction refers to activities that blatantly violate the law, such as building without permits or defying zoning regulations. Unauthorised actions involve a lack of formal approval, such as unapproved property alterations or trespassing into restricted zones. Meanwhile, irregularities often stem from deviations from accepted norms, like inadequate paperwork or neglecting essential safety protocols. Together, these issues underscore the need for greater regulatory vigilance in the sector.
The Chief Minister of Goa recently stated that only irregularities in houses constructed on private properties may be regularised. However, structures built on Comunidade or government land will be deemed illegal, prohibited, and, if constructed, will face demolition in the future.
Certain questions remain unanswered regarding the laws that govern construction in Goa, including:
a. The Goa Panchayat Raj Act, 1994, with its sections and sub-sections clearly outlining what constitutes illegal constructions.
b. The Goa (Regulation of Land Development and Building Construction) Act, 2008, along with the Goa Land Development and Building Construction Regulations, 2010, which define construction parameters and address health regulations.
c. The Code of Comunidade, with its provisions explicitly stating what constitutes illegal construction on Comunidade land.
Given that these legacy laws are already in place and government officials are entrusted as their custodians, the lack of clarity in addressing such issues is concerning.
What led individuals to disregard these laws and engage in illegal constructions across Goa? The answer undoubtedly lies in the corruption within various departments. While the Chief Minister acknowledges the prevalence of past illegalities and promises to prevent such actions in the future, a pressing question remains: Will the corrupt officials responsible for facilitating these illegal constructions be held accountable and suspended? Does this suggest that those who followed the law were naive or unwise, while violators are rewarded for their actions? This conundrum is difficult to comprehend. If the Chief Minister fails to take action against corrupt officials who enabled and supported these illegalities, it perpetuates a system that allows unauthorised constructions to thrive. The Chief Minister must refrain from regularising any illegal constructions, as the Hon’ble Supreme Court of India, the apex judicial authority, has clearly outlined guidelines against unauthorised and illegal constructions. It is evident that no individual or government stands above the Hon’ble Supreme Court of India.
Furthermore, a state government does not have the authority to overrule the Hon’ble Supreme Court or enact legislation that contradicts its rulings. The Supreme Court, as the highest judicial authority in India, holds the power to interpret the Constitution. Any laws introduced by state governments must align with constitutional principles and cannot conflict with the decisions or directives issued by the Hon’ble Supreme Court. If a state's legislation is found to diverge from the Constitution or Supreme Court rulings, it can be challenged in court and deemed unconstitutional. Under Article 131 of the Constitution, the Hon’ble Supreme Court exclusively possesses the jurisdiction to resolve disputes between states and the Central government.
The Goa Regularisation of Unauthorised Construction Act, 2016, along with its latest amendments, stands in contradiction to the directions of the Hon’ble Supreme Court of India. The Act is inherently ambiguous, as it empowered the regularisation of unauthorised constructions despite the existence of parallel legislation such as the Goa Panchayat Raj Act, 1994, The Goa (Regulation of Land Development and Building Construction) Act, 2008, The Goa Land Development and Building Construction Regulations, 2010, and the Code of Comunidade. These legacy laws, which were already in force and aligned with the Constitution of India, appear fundamentally at odds with the provisions of the 2016 Act, raising questions about its enforceability amidst conflicting frameworks.
For instance, the Goa Regularisation of Unauthorised Construction Act, 2016, falls under the purview of the Revenue Department, which primarily deals with land-related matters. This contrasts with the technical aspects of construction, which are overseen by the Town and Country Planning (TCP) Department and the Block Development Officer (BDO) under the Directorate of Panchayat, supported by specialised technical teams. This raises the question: how can the Revenue Department be entrusted with decisions regarding construction-related illegalities?
The repeated extensions and amendments introduced by the Government of Goa are causing significant public unrest, as they seem to encourage construction-related violations rather than deter them. These amendments effectively reward those who break the rules. If officials from the Directorate of Panchayats, Collectors, Secretaries of Panchayats, TCP officials, and Health officers, who facilitated these illegalities through neglect of their duties and non-enforcement of existing laws, are not held accountable or suspended, the government loses its justification to regularise such constructions.
What is the government's stance when a violator, on their private property, manipulates the system by first constructing a shed, obtaining a house number with the support of Panchayat officials, and later builds a bungalow by falsely presenting a photo of another house while deliberately forging documents in collaboration with officials, including the collector? Will the government reward such violations by regularising these structures and endorsing such unlawful actions? Would this not amount to concealing the crime under the guise of the Goa Regularisation of Unauthorised Construction Act, 2016, and its subsequent amendments?
The Goa Government must exercise caution to ensure that the legacy laws governing land are not misinterpreted or contradicted by its actions, particularly in light of the directions issued by the Hon’ble Supreme Court of India. Repeated discussions about amendments by the government have allowed violators, who knowingly engaged in illegal constructions despite existing regulations, to escape accountability. This has created a domino effect, resulting in jurisdictional overreach and setting a harmful precedent for other villagers to emulate, further highlighting the authorities' inability to address such violations effectively. Therefore, those who have breached legacy laws, even on private property, must be dealt with strictly in accordance with the laws in force. Extending undue sympathy to such violators could invite judicial scrutiny, potentially opening Pandora's box for further legal challenges and repercussions.
(Venan Bonaventure Dias is an educational and social entrepreneur vocal on issues related to governance,
poverty, education, healthcare, and environmental conservation.