MARGAO: Deputy Director of Panchayats Fiona Audrey Cardozo while allowing the appeal filed by Neizel Antao and his wife against the Carmona panchayat has directed the panchayat to issue a construction licence to them within 15 days and file a compliance report.
On November 14, 2018, the Antaos had applied to the Carmona panchayat for a construction licence to construct a residential cum commercial project on their property known as “Piscutio” after the Town and Country Planning Department had granted NOC for the project on October 26, 2018 and even paid the infrastructure tax amounting to Rs 2.63 lakh.
The Collector had granted them a conversion sanad on November 16, 2018 while the Primary Health Centre had granted an NOC for the construction on December 18, 2018. While initially the panchayat fixed a site inspection on January 19, 2019 which however was not held and it was done on January 31, 2019.
Subsequently, at the panchayat body meeting held on February 14, 2019, the application was discussed and the Antaos were asked to comply with some conditions which they complied with but the panchayat kept giving evasive replies whenever the matter was raised with it.
As the panchayat had not issued the licence within 30 days as stipulated in the law, the Antaos filed an appeal before the Deputy Director of Panchayats and after issuing notices to the panchayat the Deputy Director went through the written submissions and oral arguments of the parties and commented on the four objections raised by the panchayat.
With reference to the panchayat’s objection that the road on the northern side of the property is only 3.3 mts though shown as 6 mts wide, the deputy director noted that the Town and Country Planning Department is empowered to issue the technical clearance and that the panchayat does not have any supervisory or appellate authority over the TCP. The Deputy Director in fact noted that “this point of objection … is incredulous to say the least.”
With regards to the panchayat objection that the Northern and Southern boundaries could not be verified, the deputy director pointed out that the boundaries are clearly verified on the survey plan. Further it was pointed out that the same panchayat has already given a licence to construct a compound wall on the periphery of the property which was issued after ascertaining the boundaries.
Responding to the panchayat’s objection about electrical lines passing along the Northern side of the property, the deputy director observed that the inspection report submitted is incomplete as there is no sketch or panchanama attached to it.
While opening that the Appellants are not required to obtain NOC from the electricity department, the Deputy Director said that the panchayat’s objection are not backed by any specifics whatsoever.
Finally, with regards to the panchayat objection that it had received two letters objecting to the project that it would block their traditional access, the deputy director noted that the panchayat could not produce any document to prove that the traditional access existed.
While noting that the survey plan does not show any access through the property, the deputy director noted there is no legal matter pending with regard to the access and further noted that there is an existing access to the people through another property and there was no reason why the panchayat should insist on the access passing through Antao’s property.
Noting that the Panchayat has made serious allegations against the TCP and Primary Health Centre, the deputy director said the allegations are “highly improper and unbecoming of a local authority” and cautioned the panchayat from making such attacks on other government departments.
