Asserts gram sabhas, TCP have no role in decision-making
TEAM HERALD
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PANJIM: Only panchayat bodies have power to issue or revoke construction licences, and gram sabhas have no legal powers to direct panchayat bodies in this matter, since they are recommendatory fora, Chief Minister Manohar Parrikar told the House Friday.
Gram sabhas are a watchdog, and just a recommendatory body, Parrikar said adding that the Town and Country Planning Department also had no say on the issue, as they are authorities meant for issuing technical clearances.
“All the power lies with village panchayats (bodies). As per TCP Act they are the statutory authority for issuing NOCs for construction. They also have powers to revoke NOCs but with certain restrictions and not arbitrarily,” Parrikar explained, while replying to Congress MLA Vishwajit Rane during Question Hour, since the latter raised doubts over the advisory issued by TCP which did not specify the exact role and functions of panchayats and gram sabhas vis-a-vis the planning process.
Vishwajit demanded a fresh advisory overriding the existing one, which was issued on February 5, 2013 to which Parrikar, who is also Minister for TCP, agreed.
Stressing on the advisory, Parrikar said ‘government has been very clear, that Gram Sabha has no role to play in decision making process on licences. Being a recommending body, it can only recommend to panchayats. It is up to the panchayat whether to respect the recommendations of gram sabha or not’.
“If panchayat does not accept the recommendation, then gram sabha is free to approach the High Court or Supreme Court,” he said adding ‘gram sabhas need to act as a pressure group on the panchayats on issues pertaining to the development of the area’.
Chief Minister also clarified that TCP will never interfere in the powers of panchayat on whether to grant permissions or not.
Independent MLA Vijai Sardessai while participating in the discussion asked Parrikar to specify the functions of both the bodies. He also said that TCP advisory is ultra virus. To this, Parrikar said that anyone is free to approach High Court if the advisory appears ultra virus and get it quashed.
Pointing to the involvement of panchayats in making of Regional Plan 2012, Parrikar said that the plan would be kept for referendum from village panchayats wherein the entire village will have to vote and decide what kind of development is required for them.
Parrikar assured a meeting of all MLAs on RP before the plan is kept open for public feedback in June.
