Blaise Costabir
In July 2021, I wrote ‘The recent demolition of the encroachments in the area outside GMC opened a Pandora's box’, that 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”.
If you were to explore the GMC area today, you would witness the realisation of these predictions. The encroachments have been officially sanctioned. The entirety of the area and beyond has been encroached upon. This pattern persists throughout Goa - encroach-legalise-encroach.
We have regressed to square one in 2025, and this time the High Court mandate concerning illegal constructions has brought to light a more pressing concern. It is not solely unauthorised makeshift structures, but rather unlawful edifices for commercial or residential purposes encroaching upon open spaces, no-development zones, paddy fields, areas designated for road widening, Government or communidade lands, and the like. Wherever a space exists, an illegal construction or business seems to take root.
We need to determine whether parking constitutes an encroachment, particularly in light of the road widening projects that have been undertaken. These initiatives often involved the removal of trees, reduction of house frontages and loss of garden space. However, upon completion of the widening process, the newly available space is predominantly occupied by vehicles such as cars, rental cars, buses, and trucks. Consequently, the effective width of the road remains unchanged. This raises the question of the initial purpose behind the road expansion – was it primarily for parking facilitation or to accommodate the escalating traffic flow? Such a scenario prompts reflection on the fairness to the residents who willingly relinquished their land under the assurance that the road widening would serve the common good.
The unmistakable indicators of an illegal construction commencing become glaringly apparent; initially, debris will be deposited to elevate the ground to the level of the road, followed by the emergence of a provisional structure under the noses of the authorities. Water and electricity connections are secured easily, even though fully legitimate requests face challenges for the same. The initial commercial establishments typically involve a marble dealership, a greenhouse vending plants, or a garage, among other entrepreneurial endeavours. This initiates the process for a comprehensive construction project in a brief period of time.
Will this judicial order prevent the Government from legitimising encroachments/illegal constructions on government land, communidade land, etc., in exchange for political support during elections? The rationale is evident: the encroachers have made investments that must be safeguarded. In a separate ruling in 2021, the High Court questioned the authorisation of new encroachments while issuing notices to long-standing encroachments. It also challenged the legitimacy of officials who fail to uphold the law. In the 2025 ruling addressing the same issue, the High Court has stipulated that health officers are prohibited from granting permissions under the Goa Public Health Act if the applicant lacks all necessary construction permits. Consequently, this will prevent the provision of water and electricity connections. Good move for sure.
The Court has mandated the Government to establish a dedicated hotline for an expedited response unit. Grievances can be lodged through this contact number and the authorities are required to promptly intervene to stop any unauthorised construction activities. This effectively serves as a warning to the Municipality and Panchayat administration, compelling them to oversee this matter vigilantly. The contentious issue at hand is whether the individuals responsible for turning a blind eye or aiding in illegal constructions by granting unwarranted permissions will be held liable. Will government officials face disciplinary measures, termination for neglecting their duties, or financial penalties? The absence of consequences would signify a continuation of the status quo.
The individual who lodges a complaint with the flying squad, what safeguards will they receive? We can recall how those who reported traffic violations on the ‘sentinel app’ of the Government of Goa were assaulted because they reported offenders. Later, the Government issued guidelines protecting them. Similarly, when notifying the flying squad numbers, the Government must issue guidelines and regulations to safeguard the informants.
The court seemed to believe that mobile enforcement teams could be operational during weekends when unauthorised builders are active since government offices are shut. However, this assumption is not entirely accurate; the majority of illegal constructions emerge right under the noses of those in power. Nonetheless, having a designated contact number to report violations along with providing photographic evidence would compel the officials to fulfil their responsibilities diligently and justify their remuneration.
Goa is often perceived as the El Dorado of India, especially for migrant labour in search of employment opportunities in the manufacturing, fishing and tourism sectors. This trend reflects a rising need for rental accommodations, leading to the construction of unauthorised dwellings for residential purposes. In essence, individuals are profiting from renting out these illegal structures whilst leisurely seated in a rocking chair. Typically lacking proper sanitation facilities, these constructions result in residents of such illegal settlements discarding their waste along the roadside.
This issue must be addressed urgently as these illegal settlements are encroaching upon Goan villages and altering their demographics and essence. Based on this address, residents obtain ration cards, aadhaar cards, voters' cards, etc. These inhabitants then form the vote bank. The attraction of securing a vote bank motivates politicians or those with political inclinations to promote illicit construction as it not only yields financial gains but also political influence.
We must uphold a stance of 'ABSOLUTE INTOLERANCE' towards any encroachments in any shape or form. There should be no provision for regularisation, as it only serves to incentivise further encroachments and functions as a tactic for securing votes, especially in our current political landscape where vote banks hold significant sway over electoral outcomes. To achieve this, it is imperative that we hold the authorities responsible for unlawful constructions, as only when they are held accountable will they cease to heed the directives of political leaders who refrain from issuing such instructions in documented form. Another crucial aspect is that once an illegality is pinpointed, it must be rectified without exception, rather than being legitimised through regularisation.
The High Court has acknowledged the severity of the situation and the detrimental impact these unauthorised constructions have on Goa and its residents. The elephant in the room has once again been brought to light, emphasising the imperative for authorities to prioritise the well-being of Goa and ensure that the perception of Goa as a lenient State where unlawful activities are tolerated is eradicated. Upholding the rule of law should take precedence over individual authority, safeguarding the integrity of the legal system.
(The author prefers to write rather than chat in a balcao)