MARGAO
The question whether gram sabha members can insist on placing construction projects before the gram sabha before the same is approved by the panchayat body was a subject matter of debate at the special gram sabha of the Betalbatim village panchayat on Sunday.
The issue of mega housing projects has been staring at the Betalbatim village panchayat with gram sabha members insisting the panchayat comply with a gram sabha resolution demanding that all construction projects are placed before the gram sabha for approval.
At Sunday’s special meeting, Sarpanch Anthony Fernandes, panchayat members and the panchayat secretary maintained silence, but Salcete BDO-I Pallavi Mishra did most of the talking on the subject as gram sabha members insisted that the panchayat comply with the previous resolution to place the projects before the gram sabha.
When a gram sabha set the ball rolling by demanding to know from the sarpanch and the secretary how many construction projects were placed before the gram sabha, BDO Pallavi Mishra took the mike to answer a volley of questions from the gram sabha members.
Citing the 2009 High Court judgement in the Meenakshi Consultants versus Village Panchayat of Orlim, the BDO said, “I understand your concerns, but the panchayats are legally bound and cannot go by the gram sabha resolution.”
On gram sabha power to revoke the permission, Mishra said the High Court had observed in the case there is no provision in the Act permitting the gram sabha to issue permission to construct or revoke or interfere with such permissions. Hence, any resolutions passed by the gram sabha will be invalid if the same is in contravention to the Act or the High Court order.
A gram sabha member, however, referred to section 6(4) of the Goa Panchayat Raj Act, asserting that the decisions taken by the gram sabha are binding on the panchayat body. The BDO, however, sought to point out that these powers relate to annual statement of accounts, administration, budget estimates and development programme.
In fact, the BDO threw a challenge to the gram sabha members saying “you tell me under sub-section of the Act that a gram sabha can interfere in a construction licence and I will right now direct the panchayat to take action.”
She added: This is a public authority and any decision in contravention of the High Court will be a case of corruption and vigilance. The developers are powerful people. The panchayat listens to you, but at the end of the day, they are bound by the law.”
When the gram sabha member pointed out that the 73rd and 74th Constitutional Amendment have bestowed powers on the local bodies, the BDO said, “I completely agree with you, but currently, as the law stands, the hands of the panchayats are bound. If they want to do, they will be held in contempt of law. They have to go by the law and not contravene the law.”
When another gram sabha member sought to know whether the panchayat can simply allow a farm house in the fields, the BDO shot back, “there are multiple review authorities. The proposal needs to first go to the Collector and then the TCP. These public authorities are not enabled to take policy decisions and the policy as to what the village looks like lies with the Legislature.”
