The cabinet decision to regularise houses constructed before 1972, including those on Alvara or Bhatkar land if shown on survey plans, is seen as a masterstroke to give legality to structures. To be eligible, the structure must reflect in the old survey plans prepared under the Goa Land Revenue Code of 1968, typically between 1970 and 1972. Set to commence on August 1, Chief Minister Pramod Sawant claims this move would offer relief to thousands of residents facing demolition following the High Court’s directives on illegal structures across the State.
While this initiative aims to provide relief and dignity to homeowners, it also raises critical questions about legality, implementation challenges, and the broader implications for the State’s ecological and legal landscape. At the core of this decision is giving recognition to those who had built houses without adequate documentation or based on outdated land records.
The government’s plan to issue Settlement Land Certificates and Structure Regularisation Certificates may be well-intentioned, but it invites scrutiny. Firstly, on what legal basis can structures on Alvara and Bhatkar land be regularised? The government has set survey plans from the 1970s as a benchmark, but the authenticity of these documents would be questionable given the historical irregularities in land documentation. Also, the criteria of occupying at least 25% of the plot, with a maximum of 1,000 square metres, may exclude many genuine structures or inadvertently encourage encroachments to meet eligibility.
Furthermore, the process will be fraught with practical challenges because verification of documents, especially in cases of disputed land titles, would be complex and time-consuming. With local bodies empowered to authenticate documents, there is also a high chance that individuals will exploit the situation through bureaucratic channels or political influence. Secondly, the certificates issued, as clarified by Sawant, do not confer land ownership rights but merely legalise structures. This would leave people vulnerable to future legal tangles if these certificates are challenged.
From an ecological perspective, the government must ensure that this decision does not reinforce illegal or semi-legal settlements on ecologically sensitive land. The High Court has repeatedly emphasised the need to protect Goa’s fragile ecosystem, which has suffered from unchecked encroachments, the conversion of paddy fields, and encroachment into no-development zones. The government must be careful to ensure that this regularisation does not incentivise further encroachments and that people begin perceiving this as a pathway to legitimacy. In the background, we can’t lose sight of conservation efforts and environmental safeguards.
While the decision is given effect, it must be ensured that regularisation does not become a carte blanche for illegal constructions and encroachments. The authorities must establish clear, transparent procedures, backed by rigorous verification, to prevent misuse. Additionally, public awareness campaigns are crucial for dispelling misconceptions about ownership rights.
The government’s decision will give new hope to the thousands of people who were awaiting an axe on their residences following the court's orders. While relief is given, those entrusted with the job must understand the need to prevent abuse, protect Goa’s ecological integrity, and uphold the rule of law. Without careful implementation, this move risks creating new legal ambiguities, encouraging encroachments, and eroding trust in governance. The challenge lies in ensuring that the path to legality does not compromise environmental sustainability or social equity.
