MARGAO
With the Amendment to the Code of Comunidades to legalize illegal structures on the comunidade land becoming a law after the governor’s assent, the 350-odd illegal structures dotting atop the Moti Dongor and adjoining Talsanzor hillock may soon get the legal status.
The comunidades of Aquem and Margao, however, are bracing up for a legal battle to challenge the constitutional validity of the amendment to the Code of Comunidades and get rid of the 350 structures on Moti Dongor and Talsanzor, which had faced an axe in 2013 before the High Court granted stay on the execution of the demolition order.
In fact, even before the Governor had given his assent to the Bill amending the Code of Comunidades, both the Aquem comunidade and the Margao comunidade had made an application to the South Goa Administrator of Comunidades expressing its intention to move the High Court challenging the amendment.
President of Margao and Aquem Comunidades Savio Correa told The Goan that the two comunidades had resolved long ago to challenge the amendment to the Code of Comunidades once the Bill receives the governor’s assent. “Since the governor had given the assent to the Amendment Bill, the two Comunidades will challenge the constitutional validity of the amendment in the High Court”, he said.
In fact, Correa said the the Managing Committee of the Margao and Aquem Comunidades had unanimously agreed that the amendment poses a grave prejudice to the interests of comunidades. “The amendment is particularly concerning given the large number of encroachments on our land, against whom complaints have been filed with and numerous demolition orders have been issued by the Administrator of Comunidades South. Several demolition orders have been stayed by the High Court in cases pending for over 10 years”, he said.
He added: “The Committee also noted that the amendments are detrimental to the Comunidades of Goa at large, contradicting the judgments of the Supreme Court and the Goa Bench of the Bombay High Court, and the rule of law. As such, it is prudent and necessary to challenge its constitutional validity in court”.
Then Administrator of Comunidades, South Zone Sangeeta Naik had in 2013 ordered the demolition of the illegal structures and encroachments at Moti Dongor and Talsanzor belonging to the Aquem and Margao Comunidades. The residents later knocked the doors of the High Court, which granted a stay on the demolition order, which remains in force till date.
