‘Public Health Act’ misused for illegal constructions: Margao Chief

MMC Chief Officer Rohit Kadam put on hold all the applications asking for NOCs from the civic body for water and power connections

MARGAO: The Public Health Act, 1994 which aimed at not depriving the citizens of basic amenities such as water and electricity has turned out to be one of the most misused acts in Goa. 

It has been revealed that under the protection of this act several citizens enjoy the benefits, despite illegally constructing houses and evading legalising their constructions.

The issue was brought to light when Margao Municipal Council Chief Officer, Rohit Kadam put on hold all the applications asking for NOCs from the civic body for water and power connections. He cited a circular issued by the Chief Secretary to defend his move.

However, facing flak for his move, the Chief Officer has now asked for clarification and directions from the Director of Municipal Administration on the act. 

The Chief Officer has claimed that the misuse of the Public Health Act will encourage the illegalities instead of cracking down on them. 

The Act does not mention the requirement of documents at the time of applying for NOC from the local bodies for water and electricity connections, which is misused by many and has been a way to avoid the regularisation of their illegal houses. 

However, MMC will issue show-cause notices to all those who have constructed their houses illegally, as it will be evidence of illegal construction. 

A circular issued by the Chief Secretary Parimal Rai stated that the construction licence or occupancy certificate issued by the panchayats or municipalities shall be sufficient for the grant of temporary water, electricity, sewerage, internet, and telephone connections and that no further NOCs shall be insisted upon by the local bodies or government departments. 

Responding to queries about the circular the Chief Officer clarified that he has not stopped issuing the NOCs under the public health act, but kept it on hold. 

“The circular clearly stated that there is no need for NOCs from the local bodies, and the concerned person can ask for the water and power connection based on their legal documents of the construction”, he stated. 

He claimed that if somebody has constructed his or her house legally then there is no question of asking the NOC under the Public Health Act. The act was enacted to give benefits to genuine people and not to encourage illegalities. 

“In these circumstances, if we continue giving the NOCs under the Public Health Act, we will be unable to crack down on the illegal construction and people will be least bothered to go for legal construction, when water and power connections are made available based on the NOCs. It will further lead to loss to the government revenue”, the CO stated. 

“What will remain behind if the water and power connections are given under the Public Health Act, and why will the concerned person go for legalisation when all facilities are available to him?” the CO questioned.

Agreeing with the CO’s stand, former Chairperson of the MMC Savio Coutinho said “The provision for availing water and power supply through Public Health Act was indeed a good option. But we find that this provision is misused very often.”

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