MAPUSA
With the High Court taking cognisance of illegal structures located within the No-Development Zone (NDZ) along the Anjuna coast, the local panchayat very recently issued demolition notice to a nightclub right on the beach but the BDO of Bardez has stayed the demolition of the structure.
Senior officials in the Directorate of Panchayats have informed that the BDO has no locus standi to decide on staying a demolition order issued by the panchayat and the same can be decided only by the Director of Panchayats.
The Anjuna panchayat secretary on December 5 had issued a demolition notice to the management of “Romeo Lane” for building an illegal structure close to the beach without obtaining permission from the panchayat or the other authorities.
The panchayat in its notice also directed the owners not to carry out any commercial activities in the nightclub
The order also said that in the event if the owners fail to demolish the illegal structure, then the panchayat would carry out the same and recover the expenses from the owners.
Before issuing the demolition order, the panchayat acting on a complaint had conducted an inspection of the structure and found that there was illegal construction of concrete wall, drain, temporary wooden structure shack, restaurant with permanent plinth and culvert in the property bearing survey no 213/5.
Thereafter, the panchayat issued show-cause notice to the management in March this year as to why the illegal structures should not be demolished but the owners failed to produce documentary evidence such as approvals from concerned authorities for the structure.
Finally, the panchayat body in its monthly meeting last month resolved to issue a demolition order against all the illegal structures.
Interestingly, one of the owners of the nightclub moved an appeal before the Block Development Officer, Bardez to obtain stay on the demolition order issued by the Anjuna panchayat and the BDO after hearing the appeal passed an order staying the demolition of the illegal structure.
“The order of the village panchayat is stayed till the final disposal of the appeal. The village panchayat of Anjuna-Caisua is directed not to interfere with the ongoing commercial activities of the appellant pending adjudication of the appeal,” said Shivprasad Naik, BDO Bardez.
A senior officer in the Director of Panchayats said that a BDO has no powers whatsoever to stay a demolition order issued by the panchayat under Section 66 Goa Panchayat Raj Act, 1994.
“A stay can be issued either by the Director or the Additional Director of Panchayats. The BDO has powers only to stop work and forward the matter to the Director and the Additional Director of Panchayats to decide,” the officer said on condition of anonymity.
