TEAM HERALD
PANJIM: In the massive illegal constructions on Tivim Comunidade
land, predominantly by migrants, it appears that the deputy
collector also in-charge of demolition squad North Goa and the
administrator of Comunidades (North) are not only to blame, but
these officers are in contempt of High Court of Bombay at Goa
orders which mandated demolition of the said structures.
The High Court in its July 7, 2010, order in the Jacinto M
Sequeira and three others writ petition ruled that the Collector
(north) has to inquire into the allegations of illegal
constructions and act in accordance with Art 371 of the Code of
Comunidades – and demolish the illegal constructions. The judgment
delivered by Justices A S Oka and F M Reis directed “the village
panchayat to take action of demolition in those cases where there
is no ad interim relief operating in appeals. If orders of
demolition are confirmed in appeals, the village panchayat will
proceed to demolish the illegal structures.”
Tivim sarpanch Arjun Aroskar, President of Tivim Comunidade Peter
Sequeira and secretary of United Citizens of Tivim Arun Shinde all
stated that it was the deputy collector Bardez Sanjiv Desai, also
in-charge of demolition squad and administrator of Comunidades
Bardez Irene Sequeira who are violating High Court orders and the
demolitions are pending for four years. The complaints of illegal
constructions date back to 2008, they stated.
Aroskar said the panchayat passed a resolution to demolish the
illegal constructions on Comunidade land at a special gram sabha.
“The government (officials) has to take action. We have acted
according to Goa Panchayati Raj Act, gone to the site and issued
stop-work notices to migrants indulging in illegal constructions.
But when we returned after the notice period, the construction of
houses were complete,” Aroskar said.
The well-intentioned panchayat is handicapped to act against
illegalities. Sarpanch Aroskar who should be commended disclosed
that when he approached the deputy collector and BDO for police
protection to demolish the illegal structures, they said there
were no provisions for police protection in the Panchayati Raj
Act.
“There are serious loopholes in the Panchayati Raj Act. Even after
issuing them notices, they continue with the illegal construction.
Thereafter they (illegal occupants) appeal to the deputy director
of panchayats or additional director’s court and get a stay on the
demolition. Thus the case goes on for years. Aroskar called on the
directorate’s court to check ownership documents, before giving
stay. “No single demolition order has been passed by deputy
director’s courts thus encouraging violators,” he said.
Citizens of Tivim formed the United Citizens of Tivim (UCT) forum
to pursue demolition of illegal constructions on Comunidade land.
Arun Shinde Secretary (UCT) stated that illegal constructions have
blessings of Tivim MLA Kiran Khandolkar and he was sure to get
only 100 votes of violators and not Tivim citizens, who are
feelings unsafe. Shinde also said Colvale PHC doctor had illegally
given health clearance to them based on which they have got water
and electricity. Former NCP MLA Nilkant Halarnkar was also named
as promoting illegal constructions in the past.
Tivim BJP MLA Kiran Khandolkar said these constructions are going
on for over last 15 years. The government cannot do anything since
the matter is in court. Contrary to Khandolkar’s claim there was
evidence of construction in full swing prior to the elections.
President of Tivim Comunidade Peter Sequeira said administrator of
Comunidades Irene Sequeira and Deputy Collector North are not
acting. He also said migrants have become so bold that they call
police when Comunidade officials go there. These illegal migrants
are even manufacturing liquor. Politicians are protecting them for
votes, Peter Sequeira said.
