Concerns persist over whether authorities will act on order in letter and spirit; past instances show lack of govt action despite complaints
The South Goa Administrator of Comunidades building in Margao.
MARGAO
Components of comunidade bodies may welcome High Court’s latest order on time bound action to clear illegal constructions and structure in the suo moto public interest litigation (PIL), but there’s a big catch – will the authorities cooperate to implement the Court’s order in letter and spirit to get rid of illegal structures and encroachments from comunidade lands?
The High Court mandates the Administrators of Comunidades (North and South) to direct the attorney of each comunidade to conduct inspection of illegal construction on comunidade property within their jurisdictions, within a period of four weeks from the date of the order.
A report of the inspection and the violations found shall be filed before the Administrator by the Attorney within two weeks thereafter. The Administrator shall compile all the reports and file the same in this Court within four weeks thereafter.
Attorney of Aquem comunidade, Celestin Noronha said the High Court directions is a welcome development which will help stop the illegal structures and encroachments on comunidade land. He, however, hastened to add that the components of comunidade had a bitter experience with the conduct of government agencies when it came to illegalities and encroachments on comunidade lands. “Take the case of the police station and wellness centre inaugurated by the government on comunidade property at Moti Dongor. We had filed a complaint with the government against the two structures, but no action is forthcoming. Then there is a case near the Ravindra Bhavan, Margao traffic circle playing host to a structure in the comunidade property, but no action is coming from the authorities,” he rued.
He added: “Whenever the attorneys file complaint with the Administrator against encroachments, the role of survey comes into play. We have been petitioning the government to deploy a surveyor at the disposal of the Administrator of Comunidades, but in vain. In the absence of survey of the property in question, the illegal structures continue to stand tall on comunidade land.”
Newly-elected president of Margao Comunidade echoed similar sentiments. “The government should support the comunidade bodies by setting up a mechanism for quick disposal of the complaints. There may be so many cases pending before the Administrator for want of quick action and disposal,” he said.
Court sets timeline for action, but 11-year-old appeal remains stalled
MARGAO: It’s a sheer irony that while the High Court has come out with host of directives, including a timeline for action against illegal structures and encroachments, an appeal has been pending before the High Court for the last 11 years for want of disposal.
A component of a comunidade body reminded that the then South Goa Administrator of Comunidades, Sangeeta Naik had issued an order to demolish over 200 illegal structures at Moti Dongor and the adjoining Tolsanzor. He, however, said the appeal filed by the inhabitants of both Moti Dongor and Tolsanzor have been lying in the High Court for over a decade now without any decision. “We do not know the reasons behind the delay in the disposal of the petition by the High Court for the last one decade,” the component added.
What the latest HC order says on comunidades’ encroachments
- The Administrator of Comunidades (North and South) shall direct the attorney of each comunidade to conduct inspection of illegal construction on comunidade property within their jurisdictions, within a period of 4 weeks. A report of the inspection and the violations found shall be filed before the Administrator by the Attorney within 2 weeks thereafter
- The report shall also contain the particulars of whether in the revenue records (Form I and XIV), the name of only the Comunidade features in the “Occupant’s Column”
- Upon submission of the report to the Administrator in cases where only the comunidade’s name features in the occupant’s column of Form I and XIV, the Administrator within whose jurisdiction the said illegal construction has taken place, shall initiate actions against such illegal construction under Goa Land (Prohibition on Construction) Act, 1995. The Administrator shall initiate action and take it to its logical conclusion within 8 months from the receipt of report from the Attorney
- In cases where the occupant’s column of Form I and XIV contains the name of any other person along with the name of the comunidade, the Administrator of Comunidade shall take appropriate action as per Chapter XII of the Code of Comunidade
- Upon receipt of the reports by the Administrator of Comunidade from the attorneys, a monthly report shall be compiled and submitted it to this Court within 4 weeks of its receipt
