PANAJI
Stating that rampant illegal constructions have resulted in “wholesale change of the landscape in the State of Goa”, the High Court of Bombay at Goa has directed the government to undertake geo-mapping of the entire State through satellite imagery within a period of one year.
The Court has also come down heavily on the law enforcement authorities for failing to act against the illegal constructions, which the Division Bench noted that “in the recent past, we have noticed that large numbers of cases are filed in this Court itself against inaction by the statutory authorities against such illegal constructions”.
Hearing a suo motu PIL on illegal constructions and encroachments, the High Court has issued series of directions to the State authorities to act against illegal constructions along the road sides, highways, government land, paddy fields, comunidade land, and tenanted land among others.
“All over the State we find that when people raise illegal constructions it is claimed that the said construction has been existing for long. The solution to this is to get geo-mapping done. The relevant technology is Geographic Information System (GIS). At first the municipal areas shall get geo-mapping done, not only of the municipal areas but also of areas 10 km from the outer boundary. This can be done by satellite, drones or vehicles,” the division bench said.
“Once the municipal areas area geo-mapped, the Panchayat areas shall be geo-mapped. Once the whole State is geo-mapped, it would be easy to control illegal constructions,” it added directing the government to ensure that sufficient funds are made available to the concerned, for geo-mapping.
The Court observed that the large scale illegal constructions are noticed throughout the territory of Goa in breach of the statutory provisions and without obtaining any permission whatsoever.
“Open spaces are encroached upon. Paddy fields are being converted without any permission and in breach of the statutory provisions. Road-widening areas are encroached upon without any authority of law. Illegal constructions are also put in no development zones. This has resulted in wholesale change of the landscape in the State of Goa by such wide and rampant illegal constructions without any authority of law,” the court noted.
“We are satisfied that time has come to curtail, stop and remove such unauthorised constructions, in terms and in accordance with the statutory provisions. We therefore deem it fit to issue directions to the various authorities to act in a time bound manner and take action in terms of the various statutes,” the Court said.
In its series of directions, the Court has directed the Health department not to issue any permissions under Section 94A of the Goa Public Health Act for the supply of water and electricity to any structures to be used for commercial purposes or residential purposes, unless Construction License and Technical Clearance certificates have been obtained and produced along with the application for supply of water/electricity.
The talathis are directed to identify the illegal constructions along the tenanted lands, government properties and paddy fields and submit report for necessary action within four to eight weeks. Based on the report, the Deputy Collectors are directed to demolish the structures within four weeks to 12 months and submit report to the Court.
The Administrator of Comunidades (North and South) are directed to issue necessary instructions to the attorney of each Comunidade to conduct inspection of illegal construction on comunidade Property within their jurisdictions, within a period of 4 weeks. 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 within eight months.
“The Municipalities/CCP/ panchayats shall conduct inspections of illegal structures being used for commercial purposes within their jurisdiction. A Report pertaining to the same shall be directed to be filed within a period of 8 weeks. The Municipalities/CCP shall cancel the trade licenses, if any, obtained by the proprietors of such commercial establishments and show cause notices shall be issued,” the Court said.
The Goa State Pollution Control Board (GSPCB) is directed to stop/seal/close illegal commercial structure on the edge/ road-widening area abutting the roadways/highways/major roads.
“As most of these illegal construction spew over the weekend, a Flying Squad shall be constituted for every Taluka, consisting of Police Inspectors, the Talathi and the Mamlatdar. A specific official number shall be provided for every Flying Squad where citizens and Samaritans can file complaints over WhatsApp, in not more than 30 words, of illegal construction being under taken over the weekend, alongwith pictures/videos and location of the illegal construction. The Flying Squad must immediately stop the illegal construction, within a period of one hour from receipt of the complaint,” the Court said.
“Goa has blessed us with a delightful nature which needs to be cared for and protected. The fragile ecosystem of Goa ought to be protected. There cannot be dispute that no illegal construction can be permitted in violation of statutory permissions. The provisions which are relied upon cannot be ignored nor can they be breached. The importance of planned development and regulation of construction can never be over stated,” the Court noted.
