the goan I network
PANAJI
The ordinance, which was passed by the Cabinet last week, through circulation allows regularisation of unauthorised construction in privately held lands provided the constructions have been carried out in consent with landowners. The ordinance, however, has no clarity whether constructions will be regularised even if they are in violation of the building rules -- the necessary fire escapes, setbacks from roads, lack of sanitation, etc.
“The fact that the government has had to come out with this ordinance is indicative that there is a failure on the part of the regulatory authorities from time to time to take care of illegalities. Illegalities have been going on throughout and the law has been violated with impunity,” Adv Cleofato Almeida Coutinho said in comments to The Goan.
He, however, said that if the regularisation is being done because the poor do not have other houses to live, then one could understand. “One cannot look at all illegalities in the same way. People who have been living in the same illegal house for many years and it is their only dwelling may require some protection from demolition,” he said.
The ordinance authorises an officer to, upon receipt of an application for regularisation,
ORDINANCE: HOW IT WORKS
Officer to conduct inquiry and regularise the construction, bound by certain constraints including size of unauthorised structure, etc
Applicant to pay conversion charges, infrastructure tax, occupancy fees, construction licence fees, house tax etc
Residential units to pay 5% of the taxes, commercial 15%, residential-cum-commercial 10% and institutional 5%
Illegal structures not regularised within 180 days of the Ordinance coming into force to face demolition .
