PANAJI
Government officers in Goa entrusted with the task of demolishing illegal structures will now have to be doubly cautious in ensuring their actions follow to the tee a slew of directions contained in a recent judgement of the Supreme Court of India delivered in the backdrop of the 'bulldozer justice" in several BJP-ruled States of North India.
In an order issued recently, Chief Secretary Dr V Candavelou, IAS, has warned the bureaucrats that they will be held responsible for "restitution" of the demolished property and also have to pay for damages at their "personal cost" should the demolition be found to be in violation of the directions in the Supreme Court judgement.
Candavelou's order was issued a week ago which said the directions will not apply to demolitions of unauthorized structures in public places like roads, streets, footpaths, abutting railway line or any river and water bodies.
The Supreme Court of India had a month ago held that authorities cannot demolish homes only because the person is accused of a crime and laid down strict guidelines in a common judgement to a number of petitions that sought action against governments which used demolition as punishment for people accused or convicted of crimes.
"The executive cannot become a judge and demolish properties. The chilling sight of a bulldozer demolishing a building reminds one of lawlessness where might was right," the Supreme Court judgement said and directed that affected persons must be given sufficient time to either challenge the demolition or vacate the property.
Among the guidelines, is one that makes a 15-day notice to the occupant mandatory before any property is demolished for being allegedly illegal. Another directive mandates that the entire demolition proceedings have to be video-graphed.
