The Ordinance promulgated to legalise illegal dwellings constructed prior to February 28, 2014 is a slap in the face of law abiding citizens who chose the legal route to construct a house or bungalow, and over turns every law and by-law passed since liberation to regulate building activity in the state. It effectively means that if you have built an extra floor or extended a balcony, or added a room or two rooms without permission, you can now legalise it for a fee. The ordinance is an admission of failure on the part of the government and a blatant and illegal way to convert wrong into right.
There are several restrictions, which thankfully, will prevent wholescale conversion of illegal constructions, but it appears that the ordinance is aimed at benefitting a certain class of persons
who have violated the law and now want to get away with
it. The ordinances states that residential units which are up to
200 sq mts can apply for conversion. A residence of this size
would be considered a luxury today
and that alone tells us who the government
is seeking to protect.
Even though we disagree with
the basic objective of the ordinance
because we believe that what is illegal
cannot and should not be
made legal, it has some redeeming
clauses and that is mainly to avoid
litigation. The ordinance ensures
that constructions in forest areas, wildlife sanctuaries, areas
covered by CRZ laws and rules, open spaces and eco-sensitive
zones cannot be legalised. But it allows dwellings constructed
in violation of the Town and Country Planning Act and building
rules prevalent in cities to be legalised. Why should those
who have constructed houses in defiance of the law be condoned?
Also, the ordinance is barely a few days old and there
is pressure on the government to extend the law to dwelling
units in forest areas.
No one, not even the government, knows the number of illegal
constructions in the state. Panchayats, municipalities and
every government agency and department have failed to keep
a check on such constructions and now they have put up their
hand in a helpless ‘we give up’ gesture. What is the guarantee
that illegal dwelling units will not continue to be constructed?
If the government failed to implement the law it will fail in the
future as well, because its chief concern is votes. And if that be
the case why not dissolve the PDAs and the TCP department?
Allow everyone to build as he or she pleases and in one go regularise
everything for a fee. To hell with environment impact!
Every government, in the past, had resisted the temptation
to regularise illegal constructions. It is disheartening that the
BJP government succumbed. This is a government that does
not believe in helping the poor and the needy because if it did
it would have saved the houses of the working class in Vasco
from being demolished. It would have promulgated an
ordinance to save them. Providing protection to people who
desperately need a roof over their heads is understandable.
Protecting the small businessman and the gadda owner is acceptable.
But shielding those who have knowingly violated
the law in order to build 200 sq mt dwelling units and 100 sq
mt commercial areas is a violation of the basic principles of
governance.
