MARGAO
The constitutionally-mandated District Planning Committee (DPC), South Goa will finally have its first sitting on December 13 after a gap of close to four long years.
The agenda before the members of the DPC including the MPs, MLAs, chairpersons of Municipal Councils, besides members of the South Goa Zilla Panchayat is simple “ to discuss and consolidate the development plans received from the Zilla Panchayat, Village Panchayats and the Municipal bodies into a draft-District Development Plan 2024-25 for the entire district.
The moot question, however, remains unanswered “ has the DPC received the development plans from the Municipal bodies located across South Goa. No, says DPC Member Secretary, Florina Colaco, who has set in motion the process to prepare the draft-development plan.
Indeed, members attending the meeting may realise that the DPC has not received the development plans from the Municipal bodies located across the South Goa district till date. As the DPC has set in motion the process of district planning with development plans submitted by the Zilla Panchayat and the Panchayat bodies, officials fear the planning requirements of the Municipal areas may not find mention in the draft-district development plan when it is forwarded to the government.
Failure by the Municipal bodies to submit the development plans to the DPC has thrown up bigger question for the Municipal Council members and the Babus to answer “ have the Municipal Councils spread across South Goa ever prepared the annual development plan as mandated under Section 184F of the Goa Municipalities Act, 1968.
This question assumes significance with sources in the Margao Municipal body saying no annual development plan had been ever prepared by the civic body at least in the recent past.
This question was examined by the High Court while disposing of the Public Interest Litigation filed by United Goans Foundation in February 2020 when the NGO had knocked the doors of the Court to issue directions on the defunct DPCs in the State.
In its ruling, the High Court had observed that Section 184F of the Municipalities Act, 1968, casts a duty upon the Municipal Councils to prepare every year a development plan and submit the same to the District Planning Committee constituted under Section 239 of the Panchayat Raj Act, 1994. Such duties which are cast upon the panchayat and the Municipal Councils are relatable to the provisions of Article 243ZD of the Constitution of India.
“Section 184 F of the Goa Municipalities Act, 1968, though mandates every Council to prepare every year the development plan and submit it to the DPC constituted under Section 239 of the Panchayat Raj Act, 1994, there is no provision for submission on or before any particular date. In order that provisions of Section 184 F of the Goa Municipalities Act, 1968, are effectively implemented, it is only appropriate that the Director of Municipal Administration, who, otherwise has sufficient powers to oversee the functioning of Municipal Councils, must direct the Municipal Councils in the State of Goa to submit such development plans to the district Planning Committee,” the High Court had observed.
DPC Member Secretary Florina Colaco told The Goan since no Municipal body located in South Goa has till date submitted the annual development plans, Municipal Chairpersons, who are members of the DPC, will be reminded to send the annual plans. “Since the DPC is preparing the draft-development plan for the fiscal year 2024-25, the civic bodies will be given time to submit the development plans,” she added.
Questions raised whether circular was issued by Urban Development Director
MARGAO: Did the Director, Urban Development had at any time insisted on the Municipal bodies to prepare the development plan every year, so that the plan is submitted to the constitutionally-mandated District Planning Committee (DPC) to prepare the draft-district development plan.
When The Goan posed this question to the Director, Urban Development Gurudas Pilarnekar, he promised to check the correspondence whether any circular was issued by his office, insisting on the Municipal bodies to prepare the development plan every year.
During hearing of the PIL filed by the United Goans Foundation on the issue of the defunct DPC and the draft-development plan, the High Court had reminded that Section 297 of the Goa Municipalities Act, 1968, deals with power of Director to enforce performance of duties. “This provision provides that when the Director is informed, on a complaint made or otherwise, that default has been made in the performance of any duty imposed on a Council by or under this Act or by or under any enactment for the time being in force, the Director, if satisfied after due inquiry that the alleged default has been made, may by order fix a period for the performance of that duty and communicate such order to the Council,” the High Court had observed in the 2020 judgement.
The High Court added: “Unless, this is done, there will be no effective implementation of the provisions of Section 184F of the Municipalities Act, because each municipal council may then submit development plans on different dates spread over the entire year. The District Planning Committee constituted under Section 239 of the Panchayat Raj Act, 1994, is required to consolidate the plans prepared by the Zilla Panchayat, the panchayats and the Municipal Councils in the district as a whole and thereafter submit the same to the State government. Therefore, if there is no date fixed, by the Director of Panchayats and the Director of Municipal Administration and the Zilla Panchayats for submission of their respective development plans, the mandatory provisions of Sections 238 and 239 of the Panchayat Raj Act, 1994 and Section 184 F of the Goa Municipalities Act, 1968 will be frustrated.”
