With the State Assembly polls nearing, the government had issued an ordinance to regularise the unauthorised structures on private land which will now be placed before the forthcoming assembly to be converted to into an Act.
However, with an order already against Maharashtra government and an activist in Goa moving Bombay Bench of High Court at Goa, one opines that the ordinance may be stuck in a legal tangle.
One cannot ignore the recent order of the Bombay High Court pertaining to Maharashtra government’s move to regularise nearly two lakh illegal structures, wherein the judiciary has slammed the latter stating that “Court cannot tolerate such things”. Incidentally, both the States are ruled by BJP.
In a final order passed by the Court in April, a division bench of Justice AS Oka and Justice Prakash Naik asked Maharashtra government if the regularisation policy, which pertains to illegal structures built before December 31, 2015, can stand the test of reasonableness under Article 14 (Equality before Law) of the Constitution.
In Goa too, Government has set a cut-off date of February 28, 2014, the structures existing prior to this would be considered for regularisation.
RTI Activist Kashinath Shetye has moved the High Court in Goa against the ordinance and here too, the legal experts feel that High Court order may have repercussion, but will depend on what kind of policy the State comes out with. Few even feel that the order may not have any impact, as Goa and Maharashtra, are two different cases.
“The policy almost appeared to provide for people to build first and then apply for permission to get it sanctioned. It has come to this, that under the provisions of the policy, a person can first construct and then go for permission of the construction,” order said. The court said the policy allows shifting of reservations and protects illegal constructions.
The court was hearing a public interest litigation pertaining to illegal constructions in which the government had submitted its policy and sought permission for its implementation.
The Maharashtra government’s policy permitted regularisation of structures constructed on land reserved for schools, playgrounds, roads, open spaces and even government land and those belonging to public authorities. Goa too is likely to have policy on similar lines, wherein only those constructions which have some government documents like electricity bill, power bill, etc.
“The Bombay High Court verdict on the regularisation policy is very strong. The Court verdict has to be accepted. It may also have repercussions in Goa too. If someone challenges State policy, then it may also face the same consequence,” former law commissioner Adv Ramakant Khalap reacted.
“But the implication will be totally based on the kind of policy the state introduces. If it is in sync with high court order, then it may not have any impact,” he said, warning that such policy decisions are “never-ending” and in long run will be “detrimental”.
On the other hand, senior counsel Adv Cleofato Coutinho, claimed that the Maharashtra law and the High Court decision may not apply to Goa as each case is different. “State policy intends to regularise the slum dwelling and this needs to be done as they also provide service to society,” he said.
Meanwhile, the political opponent Congress has questioned State government’s hurry to pass the policy-cum-bill through an ordinance. “I don’t understand the hurry in issuing an ordinance, when the assembly session is coming up in July. What is the urgency? There seems to be a specific motive behind this,” Congress MLA and spokesperson Aleixo Reginald Lourenco said.
Officials say over 30,000 to 40,000 unauthorised houses in Goa, including those on government land, will be regularised as a “one-time measure of relief” with one-time fee/penalty for the house owners.
One-time opportunity for Goans, say Francis, Lobo
While the Ordinance issued by the government is being discussed and debated all over, the Dy Chief MInister Francis D’Souza, who is minister for Town & Country Planning and Michael Lobo, Chairman of North Goa Planning and Development Authority feel it seems to be a good deal for the owners.
“Goans who have built structures on private properties can get their it regularised after paying a certain fees as prescribed by the government,” D’Souza said adding “it is an opportunity for Goans to get their houses regularised otherwise the sword of demolition will keep hanging”.
About the petition, he said, “I have not seen as yet but I need to tell you that this is not a blanket free regularisation it carries a lot of fees plus penalty.”
“The Ordinance will be placed before the assembly and it will come for discussion and debate if anything requiresto be changed, we will do it,” he said. Further, he said, “there is always opposition in Goa now it has become a fashion to oppose anything.”
Regarding structures on government land, he said, it has to now be vetted by the chief minister and the Cabinet before it comes up in the Assembly.
“The Assembly will decide on the structures on government and communidade land,” he stated.
Asked how many illegal structures exist in Goa in both categories, he said, “there is no study carried out as such.”
Calangute MLA Lobo said that the Ordinance was a good deal for the people of Goa.
“Those who had built their houses without approval of the government can get it regularised it is a good opportunity,” he said.
Calangute has maximum number of illegal structures but the MLA it does not fall under the ambit of this law.
“We have opened the Calangute land use map so the Candolim Calngute areas will now come under PDA,” Lobo said.
He stated that the under PDAs you can regularise houses even without setback but that isn’t the case with the TCP, which plans the villages.
“Under TCP rules you have to leave a setback to 3 meters and that is why I feel this is a one time opportunity for Goans to get the houses regularised,” he said.
