PANAJI
The Bombay High Court at Goa has directed the Quela panchayat to demolish a set of seven illegal structures put up by one Kashinath Dhavalikar alias Gaude for being without permissions.
In its order, the High Court upheld orders passed by the panchayat and the director of panchayats and the district authority. The High Court ordered that the structures be demolished within a period of three months.
“It is apparent that the petitioner put up illegal constructions which are being rented out seasonally to persons for commercial purposes. The structures are backed by no permissions whatsoever from any authorities. The structures have been put up in breach of the said Act and the other laws concerning such constructions. By raising mostly frivolous defences, the petitioner has stalled the demolitions for over six years,” the High Court bench of Justice M S Sonak said.
“The Panchayat must carry out the demolitions within three months, if necessary, by taking the assistance of the demolition squads provided by the State. The State must provide the services of such squads when requested by the Panchayat. The Panchayat must file a compliance report with the Director of Panchayats," the High Court ruled.
“The Additional Director’s reasoning about the seven structures, which it directed the Panchayat to demolish, warrants no interference because, in respect of these structures, the petitioner failed to produce any permission from any authorities. The structures were put up in breach of all rules and regulations with scant regard for legal procedures like obtaining permissions, building regulations, etc,” the High Court said.
“The petitioner’s contention about the structures being old, i.e., constructed before 1994 when the said Act entered force, also lacks merit. The panchanamas show that the structures were new. Besides, stating that the structures were put up before 1994 does not mean that the structures were legal or authorised. Before 1994, there were Goa Village Panchayat Regulations of 1962 and the Building Regulations of 1971. These legislations/rules contemplated a detailed procedure for applying for permissions and grant of licences. There was a requirement for setbacks, etc. Therefore, based upon a vague plea that the structures were put up prior to 1994 does not render such structures, which were found to be new, as some legal or authorised structures,” the court also observed.
“The Panchayat is now directed to demolish the seven structures referred to in its demolition order dated November 1, 2017,” the High Court also said.
