The Regularisation of Unauthorized Structures and Encroachments Bill, 2015, is a death warrant against the protection of our land and the prevention of its encroachment and capture. The reality of this draconian legislation is beginning to set in as growing voices of discontent rise against what is being seen as a rogue bill which will crush the most fundamental of legislations which protect land in our villages and protect it for the people.
In one stroke, the government has literally suppressed fundamental legislations designed to protect the land.
The biggest worry and fear of this proposed draft bill, which is expected to be taken up in the Assembly during the winter session, is that it overrides the Regional Plan (RP) 2021 and the Town and Country Planning (TCP) Act. “The proposed legislation would have overriding powers notwithstanding anything contained in any other law including the Town & Country Planning Act, Regional Plan, Panchayat Raj Act, Land Revenue Act and others,” it reads. This statement in itself is enough to gauge the damage such legislation, once enacted, could have on the land.
But there’s more. The draft bill further states that illegal structures in wildlife sanctuaries and in the coastal regulation zone (CRZ) would not be regularized, but it leaves a window open by stating, “Such cases could be considered on case-to-case basis”. This is another indication that the structures along the coastal belts may get the “legal stamp”.
“The most critical and detrimental aspect of the Bill is the overriding effect it has over all existing laws which is why the UGF calls this a super bill. Clause 15 of the Act states that the proposed legislation would have overriding powers not withstanding anything contained in any other law. The Act virtually makes all other existing acts on land ownership, on land usage, on land development redundant in favour of the illegal encroacher,” United Goans Foundation (UGF) secretary Avinash Tavares said.
The government’s move to override the Regional Plan has raised eyebrows across Goa, especially, when the government itself does not seem to be serious over finalising the crucial land plan, which has been marked by controversies since 2011. Activists from across the State, have raised their voices against RP21, forcing the government to keep in abeyance. In absence of this plan, activists smell a rat in this new Regularization of Unauthroised Structures Bill.
“We have not read the draft bill till date. But it will have major consequence if it overpowers all other Acts including RP21 and TCP Act. The clause to override all other Acts is completely unconstitutional. It is an illegal bill,” Goa Bachao Abhiyan (GBA) convener Sabina Martins alleged.
Amidst these worries, the BJP-led government has clarified that the proposed Bill, will not only regularise the unauthorized structures on government, communidade and private land but it will remove all illegal structures located along the right-of-way or within the highway irrespective of since when there have been existing.
TCP, counters the allegations, stating that the “government is not promoting illegalities but making attempts to curb the illegalities through various means”. Chief Town Planner Dr S T Puttaraju said that the department is focusing on unauthorized structures located on government and comunidade land, and also on private land, but here heavy fines will be imposed on violators before structures are regularised. “The overriding clause basically speaks about the fact that if a structure already exists and can be regularised then the question of whether it is located in the outline development plan or within the provisions of RP should not be the hindrance in the process,” he explained.
“At the same time, the Bill speaks about removal or demolition of such unauthorized structures that are located in the right-of-way, within highways, etc,” Puttaraju said.
The proposed bill states that residential structures, existing before February 28, 2014 with conclusive documentary evidence issued by a government department, would be considered. All that one needs to show is rent or house tax receipts. The government intends to impose house tax on such illegal houses for regularizing, which will be done on payment of such fees, taxes, penalties and other charges.
“Structures on owned land and property can be regularised by means of an act or a bill. But regularising structures on land owned by others, and specially comunidade lands, is next to impossible. The government will move for legalisation and then the land owners will move to court and then there will be litigation that will continue for 30-40 years. What can be done is that the illegal structures which are on self-owned lands can be regularized. This will solve most of the problems,” said activist Sriram Raiturkar.
Activists, however, are not convinced by the TCP explanation. “This tactic is aimed at targeting illegal slums and huts that are currently looked upon as vote banks by the ruling government for the upcoming elections. The government has realised that the people’s trust is missing and this is their way of banking on migrant community as vote banks,” UGF president Aashish Kamatsaid. UGF is the only organization that has so far came out opposing the government Bill, which they claim is a “Draconian” Bill.
The above worry is not totally unfounded, as the government has come up with another shocker. To counter litigation and objections from civil society, the proposed Bill states that the government or its officers will be protected from prosecution or legal proceedings.
To strengthen its move, the government has already put forth a plea before the Union Ministry for Environment and Forests (MoEF) seeking relaxation to traditional occupants in CRZ areas. However, it would be a wait and watch situation on whether the benefit reaches the traditional occupants or big tourism, industrial, real estate sharks take advantage of this.
The government, however, is playing down all the criticism. “This was a promise made in State Budget by then Chief Minister Manohar Parrikar. We are not making any backdoor moves. Whatever we had announced, same we are planning to introduce. We want to be transparent,” Deputy Chief Minister and Minister for Revenue Francis D’Souza said.
The deputy chief minister explains how all the concerned government departments like TCP, Panchayat, Revenue, Urban Development, were part of the process of drafting the Bill, which still remains a draft.
Regularising illegal structures was a dream that former chief minister Manohar Parrikar had and in the 2014-15 State Budget had announced that as a one-time measure of relief unauthorized structures would be regularised. This was actually a promise that Parrikar, now Union Defence minister, had made in 2001, during his first stint as chief minister of the State.
As the Assembly session draws nearer the debate on the bill is likely to get shriller as activists pile on the pressure on the government to change its stance.
