An old and dilapidated building in Margao.
MARGAO
How come one comes across old and dilapidated buildings dotting the commercial capital when section 190 of the Goa Municipalities Act, 1968 mandates the Municipal body to order removal of buildings, structures etc standing in ruins and in a dilapidated condition and likely to fall posing danger to the occupants as well as people passing by such buildings or structures.
Or, are these dilapidated buildings safe and pose no danger to the occupants or the life and property of citizens? And, whether these buildings still stand tall for the simple reason they are locked in legal disputes between the landlord and tenants, or simply whether the local civic body and the Disaster Management Authority have no will to invoke the provisions of law to raze down the structures?
These and many other questions remain answered, including the moot question whether it’s time for the government to intervene and come out with a holistic approach to tackle the problem of old and dilapidated buildings. Questions are raised whether the legal disputes between the landlord and the tenants can be resolved by incentivizing the landlord with additional Floor Area Ratio (FAR) for the property in question?
Consider this. Around a decade ago, the Margao Municipal Council had conducted a survey of old and dilapidated buildings dotting the commercial capital, wherein the civic body identified around 15-odd dilapidated buildings in the city.
Civic officials in the know, however, say identification of any building as old and dilapidated does not mean the building will be pulled down the next day.
“Law mandates the civic body to follow a process, beginning with the issuance of a notice to the owner to obtain a structural stability certificate from an agency certifying the building is safe. Instances are galore that only a portion of the building may turn out unsafe. Even in such circumstances, the owner is given time to repair and strengthen the building,” the official said.
He added:"The landlord-tenant dispute is another case in point. The landlord does not repair the building because the tenant is paying meagre rent. He does not obtain the structural stability test because of the charges payable to the agencies. To overcome such disputes, the government should work out a mechanism to conduct a stability test.”
Sources say law also provides an appellate forum to the parties to challenge the order passed by a Municipal body or the Disaster Management Authority for the demolition of a building. “When the parties move the appellate forum challenging the demolition order, the authorities in question are left with little option”, the official added.
Suggestions have been made that survey of the old and dilapidated buildings should be conducted jointly by the Municipal body, officials of the Disaster Management Agency, PDA or TCP officials for a comprehensive solution to the problem.
“A joint inspection with Disaster management and other officials to identify the buildings may ensure transparency in the exercise. For, there are chances that civic officials get influenced by the powers that be to tweak the law, more so due to the politician-real estate developers nexus”, remarked another official.
