ANJUNA: The Bench of Justices Mahesh Sonak and Valmiki Menezes of the High Court has ripped off any veneer of decency, ethics and honesty in the local governance of Anjuna by completely exposing how the Panchayat has been in bed with illegal establishments.
This report compiled entirely from the February 13 judgment (High Court in its own motion (in the matter of Illegal construction) vs State of Goa. This order was not given in any appeal but a result of the High Court deciding to act on the inaction of the panchayat and authorities, and in these bodies becoming cheerleaders of illegalities.
The High Court’s comments pointed to a systematic cold blooded and crudely illegal manner, the Anjuna Panchayat has acted as a partner in crime of 175 illegal commercial and other establishments like bars & restaurants. The Panchayat has allowed them to function illegally for over a year without a single permission in most cases and without multiple permissions in others.
The Panchayat even defied High Court directives for close to a year to reissue the 175 show cause notices, after fraudulently passing six resolutions to withdraw them.
Why did Anjuna Panchayat pass resolutions to withdraw show cause notices for demolition? Was a friendly vitamin given?
The Anjuna Panchayat had initially issued notices to 175 structures who were undertaking commercial activities from here and then did a U turn. It’s not difficult to guess why.
Even though most of the structures had no clearances from the GCZMA or no permissions under Section 66 of the Panchayat Act & no grade licences the Anjuna Panchayat passed six resolutions including three in five days in March 2023, dated 13.01, 06.02, 20.02, 14.03, 15.03 and 18.03, discharging the earlier show cause notices. Meaning it decided not to proceed with them, even though almost none of the establishments had all permissions. In fact 90% of them had no permissions.
On April 26, 2023, The High court took serious cognisance of the Panchayat’s inaction, intervened and set aside its resolutions and directed the panchayat to decide on the 175 show cause notices afresh, served to bars, restaurants, lodging houses continuing to operate on these illegal structures.
Why did the court have to intervene on its own to get its own direction implemented?
From April 26, 2023 till February 13, 2024 (the date of the order), not one of the 175 establishments were issued fresh notices as directed by the Court.
On Feb 13, 2024, the Bench of Justices Sonak and Menezes directed the Anjuna panchayat to dispose of the 175 show cause notices in 6 weeks but stop commercial operations in those structures immediately.
It asked the Panchayat and BDO to file compliance report in 10 days, a telling commentary on how illegality was backed, leading to the loss of hundreds of crores to the State and its people.
Anjuna-Caisua VP begins sealing illegal structures
PANJIM: Complying to the order of the High Court of Bombay at Goa, the Anjuna-Caisua village panchayat has started sealing of illegal structures.
The Panchayat Secretary, Bardez Block Development Officer (BDO) and the Anjuna Police assisted in the process of sealing.
It is pertinent to note that the High Court had ordered sealing of 175 commercial establishments situated on the beach stretch in the limits of the Anjuna-Caisua village panchayat and to file a compliance report within the next 10 days.
While hearing a public interest litigation (PIL) suo motu in the matter of illegal construction on February 13, the Court had asked the Anjuna-Caisua village panchayat and the Bardez BDO to seal these establishments so that they are not used for any commercial purposes.
The Court had directed the village panchayat to dispose of show cause notices issued to these 175 structures. The panchayat secretary has been asked to place on record NOCs and the resolutions, if any within next 10 days. The GCZMA has also been asked to dispose of remaining show cause notices as expeditiously as possible and in any case within next two months.
The Court observed that of the 175 structures, 45 structures had some sort of clearances from GCZMA and of these 40 structures had no permissions under Section 66 of the Goa Panchayat Raj Act. Similarly about 130 of these 175 structures had neither any clearance from GCZMA nor any permissions under the Goa Panchayat Raj Act. Stating these permissions are mandatory, the said that most of the structures do not have trade licences. Therefore no parties will use these unauthorised constructions for any commercial activities based only on trade licences, which village panchayat routinely issues to even grossly unauthorised constructions.
The matter has now been posted for further hearing on March 4.
Panchayat “encouraging” illegal commercial establishments in Anjuna: HIGH COURT
By issuing such NOCs the panchayat prima facie is facilitating, if not encouraging, the use of these structures for commercial purposes even though such structures have no permission from the GCZMA under the CRZ notification, no permission from the planning authorities under the TCP Act 1974. None of the structures have been evaluated for fire safety, hygiene, discharge of sewage and all other relevant parameters present under various legislations, rules and regulations
The court also stated that the representative of the panchayat in Court “was unable to explain the source or the statutory power for the issuance of such NOCs
