HC asks TCP to inspect Old Goa’s illegal structures

The Bombay High Court at Goa has stepped in over alleged illegal con-structions within the pro-tected heritage precinct of Old Goa, directing the Town and Country Plan-ning (TCP) Department to carry out a site inspection and place a detailed report before the Court within two weeks.

The direction came dur-ing the hearing of a writ petition filed by Panjim resident Vasco Dias, who has accused authorities of turning a blind eye to unau-thorised construction and commercial activity in Sur-vey Nos 143/3 and 143/4 of Ella village land fall ing within a protected her-itage area During the proceedings, Additional Government Advocate Nehal Vernekar sought two weeks’ time on behalf of the TCP De-partment to conduct the inspection and compile its findings. The High Court accepted the request and fixed February 5 as the next date of hearing, directing the department to submit its inspection report for further consideration.

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In his petition, Dias has sought an immediate halt to all construction and commercial activity on the disputed land, contending that the structures have come up in blatant viola-tion of heritage protec-tion norms and planning laws.

He has also urged the Court to direct the State authori ties to demolish the illegal structures in accordance with statutory provisions, and to seal the premises pending final adjudication

Appearing for the petitioner Advocate Rohit Bras de Sa pressed for a comprehensive probe into the alleged viola-tions, arguing that the case reflects not just private wrong-doing but administrative failure. He sought strict action against both the persons responsible for the construction and the officials who allegedly permitted or overlooked the violations, including penalties and disciplinary measures.

The Court was informed that the Old Goa Village Panchayat had already issued a demolition order on April 24, 2023, under Section 66(4) of the Gon Panchayat Raj Act, 1994. However, the demolition was stalled after the respondent, Shalini Madkaikar, filed an appeal on May 8, 2023, before the Director of Panchayats, North Goa.

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Crucially, the very next day, on May 9, 2023, the Addition al Director of Panchayats granted an ex-parte stay on the demolition order without hearing either the panchayat

secretary or the petitioner. The manner in which the stay was granted has now come under judicial scrutiny.

With the High Court ordering a TCP inspection, the case has once again brought into focus long-standing concerns over unauthorised construction in and around Old Goa’s World Heritage precinct, and the role of regulatory authorities in enforcing or failing to enforce planning and heritage protection laws.

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