In a major relief to citi zens battling forceful demolition drives, the State government assured the High Court of Bom bay at Goa that it will strictly follow guidelines and circulars, adhering to principles of nat ural justice, before taking any demolition action. The assurance came in light of growing confusion between the Supreme Court’s landmark ‘Bull dozer judgment’ and the High Court’s 2024 PIL suo motu dem olition order — two separate is sues that citizens argued were being wrongly conflated to justify arbitrary demolitions. “No demolition will be carried out without a prior show cause notice from the authorities,” Ad vocate General Devidas Pangam assured the Court.
while it heard a writ petition filed by Desmond Alvares and three others seeking protection of their properties at Assagao and Anjuna from demolition for road widening. The submission comes against the backdrop of the Su preme Court’s landmark ‘Bulldozer judgment’ delivered in November last year, which directed all States to ensure that any action against unauthorised constructions must strictly comply with the law. The apex court mandated a minimum 15 days’ notice, a reasoned order, and a personal hearing for property owners before any demolition. The High Court in its order also stated that the rules ap ply to village panchayats also. Petitioners’ counsel Adv Rohit Bras de Sa pointed out that with this assurance, “no demolition of citizens’ prop erties for road widening can take place without compliance with the directions issued by the Supreme Court.” Earlier, the High Court had issued notices to State au thorities, Calangute MLA Michael Lobo, his wife MLA Deli lah Lobo and the Anjuna-Caisua panchayat in connection with the petition. The four petitioners — Desmond Alvares, Janice John Plavinkal, Wilma Mary Rodrigues, and Erwin Francis Fonseca — sought that the respondents and their agents be restrained from demolishing, sealing, or interfer ing with their properties. They told the Court that certain politicians and State au thorities were demolishing their structures and compound walls under the garb of complying with the High Court’s or ders in the 2024 PIL suo motu case, without following due process. They also alleged that demolition activities were being undertaken without notices and, in some cases, even before the expiry of the notice period. Social activist from Candolim, Glen Fernandes, while wel coming the Court’s ruling, castigated those in power for bulldozing private properties only in the interest of builders. “We all know the work was illegally done by MLA Michael Lobo. It is no secret. But was it in public interest? People do not want wide roads, and certainly not overnight. The work was being done hurriedly only to facilitate builders because wide roads are a pre-requisite for huge commercial projects. The basic village fabric was under threat.” Owen Braganza from Assagao, who lives near the road widening site and is a member of the Assagao Traffic and Road Safety Committee, said the focus should be on ensur ing good motorable roads rather than widening them. Another activist, Ranjit Parsekar from Assagao, argued it was clear the PWD was not executing the work. “Using government machinery for illegal activity is gross abuse of power, and such government employees or whoev er is involved must not be spared. We are expected to be law-abiding citizens, but there is no law for MLAs and Min isters. Even police supporting them is utterly shameful and disgraceful. Give us good motorable roads, not wide roads. Today’s ruling and the Advocate General’s admission prove that there is no fear of law and no leader worth his name, as each one does what he wants.” Assagao Sarpanch Hanumant Naik said, “Elected repre sentatives should go by the wishes of the people when it comes to development.” Of the 1-km road work illegally carried out in May this year, only about 200 metres fall within the Assagao village panchayat limits. “They had plans to widen it further and approached the panchayat for NOCs, which we gave on the condition that other required NOCs be obtained. Govern ment departments, in their letter to the panchayat, men tioned that it was being done with the approval of local MLA Delilah Lobo. That itself was suspicious because this should have been a government-initiated project with all due process followed — which was not the case,” revealed Naik. “Also, fear was being spread among villagers by linking the High Court’s suo motu demolition case to the road widening and demolition of their structures. Both, the Supreme Court ‘Bulldozer judgment’ and the High Court order in the 2024 PIL suo motu case, are separate issues. Assagao villagers are opposed to such arbitrary road wid ening,” Naik added
