AUGUSTO RODRIGUES
Statis tics from the Goa Legislative Assembly reveal that inor dinate delays by the Depart ment of Panchayats in settling appeals against demolition orders have allowed illegal structures to survive for years — sometimes with tragic con sequences. Critics argue that such delays are a key reason why disasters like the Birch by Romeo Lane tragedy occur, highlighting the urgent need for institutional reform. According to the reply to Starred LAQ No 08A, asked by Leader of the Opposition Yuri Alemao, a total of 186 appeals against demolition orders were filed in South Goa in 2018. Of these, 69 appeals were settled only in 2022 —reflacting a delay of around four years.
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The situation in North Goa mirrors this trend. Of the 184 appeals filed in 2018, only 37 were settled around 2022, again indicat ing a delay of around four years in deciding appeals. During this four-yearperiod in South Goa, just 14 appeals were disposed of and 19 were fixed fororders, while the remain ing cases remained stuck at various stages of adjudication. LAQ No 08A presents a more detailed snapshot for North Goa: of the 184 appeals filed in 2018, 37 appeals were allowed and settled, 23 were dismissed, 103 were fixed for return arguments, and the re maining cases continue to move slowly through the quasi-judicial process. These figures raise troubling questions: why does the Department of Panchayats take so long to decide appeals? Or does it take the loss of 25 lives for the system to finally con front entrenched delays? “It is obvious that such delays are deliberate and political patronage plays a huge role. I had myself raised the question of a hall in Paroda in the As sembly and the place has been functioning for more than a year with the dem olition sword hanging over it,” said Yuri Alemao. Data accessed through various Legislative Assem bly Questions indicate that while a small number of appeals are settled within a few months or a year or two, most stretch to four years or more. For former Sarzora sar panch Sabita Mascarenhas, the consequences are clear. “Justice delayed is justice denied and here the delay is for personal gains,” she said. “Files that are not passed by the Panchayat are passed by higher ups, making a mockery of the whole Panchayat Raj Act.” Mascarenhas is also a sen ior member of the Goa Bachao Abhiyan (GBA).
Architect Tahir Noronha said the failure becomes even more evident when one looks at actual enforcement. “The numbers show the failure very starkly. In reality, actual demolitions on the ground are barely about 10 per cent of what the official figures suggest, as per Assembly data,” he alleged. “Bodies created to speed justice and ensure every citizen can pursue quick demolitions have become one reason ille gal structures survive,” Noronha added. Adding to the concern is the government’s move to amend the Goa Panchayat Raj Act, 1994, granting greater powers to Panchayat secretaries and Block Development Officers (BDOs). Amendments notified on 14/3/2023 and 1/10/2025 empower the Panchayat secretary or BDO to is sue permissions or occupancy certificates if the Panchayat fails to do so within seven days. Several sarpanchas in South Goa have questioned the ra tionale behind these amendments. In a letter to Chief Min ister Pramod Sawant, Rachol village panchayat sarpanch Joseph P Vaz warned that the changes effectively bypass elected panchayats. “It is found that the time period of 30 days under Section 47 to grant permission has been reduced to 7 days. This amendment amounts to bypassing the panchayat, which is the constitutional authority as held by the Hon’ble Su preme Court in judgment 2012(7) SCC 550 (VP Calangute v/s State of Goa),” the letter states. “Hence the Panchayat decided to make representation to the government to withdraw the amendments which are illegal and keep the same on hold/abeyance, failing which Panchayat should approach the High Court chal lenging the amended provisions which are illegal,” the letter adds. Noronha believes administrative inertia within the De partment of Panchayats lies at the heart of the problem. “Administrative delays by the Department of Panchayat seem to be the main obstacle to cleaning up the big illegal ities in Goa. Quasi-judicial authorities, especially the Direc tor of Panchayats (DoP), are frankly making the situation worse,” he said. “The DoP was given the power of appeals to speed up justice and de-clutter the district courts. However, the de cisions are made by officers who often don’t have a legal background. This creates a sharp bias when faced with dif ferent lawyers,” Noronha argued. Referring to the Old Goa bungalow case, Noronha said, “A valid demolition order issued by the Panchayat after giving the violator several chances to file their reply was stayed by DoP officers at the very first hearing in February 2022. The case is still going on.” “In fact, it took over a year to even allow the Save Old Goa committee to intervene in the case. Throughout, the dem olition order remains on hold, benefiting the violators,” he added. Together, the Assembly data and ground-level accounts present a stark picture of a system meant to enforce plan ning laws but instead enabling prolonged illegality — often at serious public cost.
