MAPUSA
The deputy director of panchayat (Dy DoP) has given the go-ahead to demolish a huge ground-plus-two structure which was constructed by the Comunidade of Saligao without “necessary legal permissions” in the village of Saligao.
The Dy DoP, North, in a recent order has directed the panchayat secretary to demolish the construction within three months and recover all the expenses from the Comunidade of Saligao and report compliance.
“Upon careful consideration of all the material on record, this court deems it appropriate that the construction has been erected without any valid lawful permission. The report of the Block Development Officer (BDO) also corroborates that the construction does not possess the necessary legal permissions,” observed Fiona Cardozo, Deputy Director of Panchayats, North, in her order.
Relying on the inspection report of the BDO, the Dy DoP said the Saligao panchayat has not issued any permissions or licenses for the construction.
According to the verdict, the Saligao Comunidade carried out the construction in an agricultural tenanted property without the necessary developmental permissions and approvals from the Town and Country Planning Department and without obtaining the necessary construction license from the panchayat.
“The construction has been illegally constructed by the Saligao Comunidade in blatant violation of all building laws, rules and regulations including the TCP Act and Rules, as the illegal construction does not have an approved plan or NOC from the TCP,” the Dy DoP said.
“Further, the property on which the alleged illegal construction has been erected is an agricultural tenanted land which has not been converted by the Comunidade for non-agricultural use as required to be done under The Goa Land Revenue Code,” she added.
The complainant, Eleuterio Fernandes first raised the issue of the alleged illegal construction by writing to the Administrator of Comunidades, North, TCP Mapusa and Deputy Collector, Mapusa on November 8, 2017.
He also filed a complaint with the Saligao panchayat on December 8, 2018.
After finding that the departments were dragging their feet in initiating action, Fernandes approached the deputy director of panchayat under section 66 (5) of the Panchayati Raj Act against the construction.
Incidentally, the complainant had also approached the High Court which had directed the departments concerned to hear and pass appropriate orders in the matter.
