PANAJI
The High Court of Bombay at Goa has remarked that authorities appear to have ‘woken up from their slumber’ in acting against unauthorized and illegal constructions in Arambol.
While disposing of a suo motu Public Interest Litigation, the Division Bench of Justice Bharati Dangre and Justice Nivedita Mehta said the Goa Coastal Zone Management Authority (GCZMA) and the Village Panchayat of Arambol must decide all pending show-cause notices within six months.
“We are of the clear view that once we have taken cognisance of the menace of unauthorised structures in the village and pursuant thereto, we find that the authorities have sprung into action, we need not wait for every stage of demolition to be accomplished...the authorities have woken up from slumber and are moving ahead and, according to us, in the right direction,” the Court observed while accepting the status reports submitted.
The Court also directed the Director of Panchayats to supervise the process and ensure that appeals are decided within the same period. “We appoint the Director as well as the Member Secretary of the GCZMA to ensure compliance with the directions issued to the Directorate of Panchayats and the GCZMA, respectively,” it added.
Adopting suggestions placed by the Amicus Curiae, the Bench ordered that no permanent water or electricity connection shall be provided to any structure until an occupancy certificate is obtained.
“Panchayats shall not issue No Objection Certificates to occupants of structures lacking occupancy certificates,” the Court directed, adding that demolitions of illegal buildings must be carried out promptly with assistance from the State government.
The Court warned that Panchayats failing to act would face strict action against illegal and unauthorized constructions. It said the Director of Panchayats shall initiate proceedings for the removal of such members from office on grounds of persistent negligence.
The GCZMA informed the Court that it has identified 217 illegal structures in Arambol and issued show-cause notices to the owners. Of these, 117 notices have been disposed of while 100 are still pending at the stage of arguments. Some were discharged, while others ended with demolition directions.
The Arambol Panchayat, on its part, reported identifying 208 illegal structures. It has issued 149 show-cause notices, passing demolition orders in 128 cases. A few appeals are pending before the Assistant Director of Panchayats.
