AUGUSTO RODRIGUES
ANJUNA: Notwithstanding the High Court explicitly stating that most of the 175 structures (restaurants, nightclubs etc) that operated in Anjuna had no GZCMA, Panchayat permissions or trade licenses, the Anjuna panchayat has de-sealed 66 of them. In addition 43 of them have been discharged from these cases.
Seven months after the High Court ordered that 175 structures be sealed by Anjuna Panchayat in Public Interest Litigation (Suo Motu) No 2 of 2022, barely 41 remain sealed and just 18 have been demolished with seven sent to the CRZ authorities for further scrutiny.
This makes it almost clear that the High Court's view of these illegal structures means nothing to the famed Anjuna panchayat.
The Goa bench of the Bombay High Court, had taken cognizance of illegal constructions within the jurisdiction of Anjuna Panchayat. The High Court, very clearly observed, “None of these structures are cleared from the perspective of fire safety, discharge of sewerage, etc,” read one section of the High Court order.
“I have given you the details of the number of units operating and not operating. I am not aware of the technicalities on the grounds these places were de-sealed or discharged,” disclosed Tanya, secretary to Anjuna Panchayat secretary Rui Cardozo.
In the hearing on February 13, 2024 the Bench comprising of Justice M.S Sonak and Valmiki Menezes noted: “From the earlier affidavits placed before us and the orders made by us it is evident that the Panchayat had issued show cause notices to 175 structures, the details of which were provided in a tabular form requiring the persons that had put up these structures or who were undertaking commercial activities from these structures, to show cause as to why these structures should not be demolished.”
The High Court in a scathing comment noted: "Curiously, even though most of the structures had no clearances from the GCZMA or no permissions under Section 66 of the Panchayat Raj Act or no Trade License, the Village Panchayat of Anjuna by resolutions dated 13.01.2023, 06.02.2023, 20.02.2023,14.03.2023,15.03.2023 and 18.03.2023 discharged the show cause notices for reasons best known to the Panchayat and its members.”
It became evident during the petition that one hundred and thirty structures were without the clearance or NOC from GCZMA even though they were mandated as the areas fall within CRZ Notification.
None of the one hundred and seventy-five structures had any Occupancy Certificate issued to them. “An Occupancy Certificate is issued after the Authorities under the TCP Act have specified that the construction is put up in accordance with the permissions or clearances granted by them and the Panchayat,” details the order.
“Licenses in Anjuna Panchayat have become a joke. I know of a place that was de-sealed when there was an order NGT order that it had to be demolished. The order was never shown to the High Court,” alleges Anna Fernandes from Anjuna.
“Units are shut and in a few days a new unit comes up, at the same place, with a different name. The Panchayat members think the law is a donkey that they can take for a nice ride,” she alleges.
According to reports at the Anjuna Panchayat, all twenty-six units of one property developer have been de-sealed and seven places allegedly falling in CRZ-notified areas were asked to be properly identified by GCZMA.
Documents available also indicate that eight huts belonging to W Hotel were requested to be de-sealed after the the HC ordered: “Upon written certification by the GCZMA that the eight huts with twelve rooms are indeed temporary and under GCZMA, plans the Panchayat is authorised to de-seal them.”
“The Panchayats, we must say, are primarily acting in breach of State and Central legislation by issuing such NOCs to unauthorised structures for any commercial activities,” stated the order by Justice Valmiki Menezes and M S Sonak.