The recent demolition of the encroachments in the area outside GMC opened a pandoras box, it put the spotlight on the proverbial, ELEPHANT IN THE ROOM, that authorities cannot see. We will soon see all the structures back in place in a few days. That is the nature of our approach to illegalities, eyes wide open but seeing nothing.
The structures apparently existed for two decades, does that make them legal? Rather it begs the question, what were the authorities doing for twenty years? Why were questions not asked earlier, these structures were not hidden, they were in plain sight. In the last few years they increased and many had electrical connections. To get an electrical connection you have to have ownership documents so were their connections illegal or official.
The questions relevant to the GMC encroachments are applicable across Goa which has a history of not only turning a blind eye to encroachments on public/government land, communidade land etc, but also regularizing these encroachments to buy votes at election time. The High Court ruling in the Verla-Canca panchayat just a couple of weeks ago is applicable to every authority. The court asked why new encroachments were allowed while issuing notices to older encroachments. The court also questioned the right of such officials to continue in office if they could not uphold the law. They managed to open their eyes and demolish seven of ten structures, why did they wait for court orders?
As usual, the moment the demolition was announced, we had politicians of all hues making statements in favour of the encroachers. The local MLA’s too were at the forefront asking for rehabilitation of these who had encroached for two decades by their own admission. Is there something drastically wrong here, MLA’s are law makers. They are asking that illegal acts be condoned, then why have the laws?
If they feel that since government cannot give everyone a job, encroachments should be legalised so everyone has equal opportunity to occupy prime land for free while earning a likelihood. Basically they should repeal all rules that make encroachments illegal. This way the encroacher will truly be free. Today, because of the law, he is always under threat, he can be shut down anytime, so he can be made to pay a regular hafta to various departments, he has to vote in a particular way else his encroachment will be demolished, if he toes the line electricity department will turn a blind eye to his illegal connection.
So encroaching is not free, one pays a price all the time. There is a Damocles sword over your head everyday. Is that how we feel is the right way to help people earn their living? Where they are at the mercy of the law and lawmakers whims and fancies.
Lets go back to GMC case. A two decade encroachment suddenly comes to light and is demolished overnight. Is it that the powers that be, who patronised these encroachments suddenly took a holiday and the officials decided to act at the speed of light. Or is it possible that the encroachers were growing too big for their boots and they had to be shown their place or atleast some off them, there is talk of rehabilitating a few by encroaching on GMC parking space. Going forward the message is clear, encroachers beware, the administration can act anytime with speed because the law is clear you are illegal.
The human rights view is that why disturb encroachers, they are simply trying to earn a daily wage. But if that is true, what about other unemployed youth. Why should a few chosen ones with connections be given an advantage. What of the law abiding citizens who earn a living running honest business, filing returns, paying license fees, paying taxes to name a few activities which encroachments do not have to bother with.
Some encroachers make it a business, encroach and lease out the encroachment to others for a cost. How many of those evicted at GMC are locals from neighbouring constituencies as was given to believe. The more encroachments are regularised the more we are going to encourage others to encroach. It is seemingly very lucrative, if you consider the odd demolition as an occupational hazard. Encroachments are a form of modern day slavery, the encroacher is always at the mercy of the system and that cannot be fair on any count.
We can go on and reach nowhere. The Government must resolve to end encroachments and uphold the implementation of the law. Panchayat & Municipal officials, PWD engineers, TCP and Revenue officials, electricity department must be held responsible for encroachments under their watch. If the public goes to court and proves encroachment as in the Verla-Canca case, the officials responsible must personally compensate the legal fees. Newspapers should publish pictures of encroachments and ask authorities to take action, that way they cannot say, we did not see. We must have a ‘ZERO TOLERANCE” to encroachments of any form. There should be no regularisation, as that only encourages more encroachment and acts as a vote buying activity given our political situation where votes banks are key to electoral victory. The rule of law should prevail and not the law of the ruler.
(The author prefers to write rather than chat in a balcao.)
