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.
