PANAJI
Upping the ante opposing the recent legislation passed by Goa Legislative Assembly to regularise illegal encroachments on their land, a delegation representing dozens of Comunidades led by Benaulim MLA Venzy Viegas met Governor Pusapati A G Raju and urged him to withhold his assent to it.
The delegation had a discussion and also submitted a memorandum to Raju in which they urged him to withhold his assent to the legislation.
Viegas said, the governor welcomed them with utmost courtesy and indicated that he will treat the issue with all seriousness.
"In our discussion, we asked him to uphold the Constitution which is the paramount responsibility of his office. He should withhold his assent to the legislation," Viegas said.
Apart from Viegas, the memorandum submitted to the government is also signed by Velim MLA, Cruz Silva, representing the Chinchinim Comunidade, and attorneys of various comunidades: Soccoro Menezes (Jua), Luis De Souza (Goltim), Xavier Almeida (Taleigao) and Nelson Fernandes (Assagao).
Additionally, Viegas also communicated to the Governor that the bill – the Goa Legislative Diploma No. 2070 dated 15-4-1961 (Amendment) Bill, 2025 – violates the rulings in multiple judgements of High Courts as well as those of the Supreme Court.
In a separate letter to the Governor in his capacity as MLA, Viegas cited the judgement of the Himachal Pradesh High Court of 2023 on illegal constructions which said they cannot be regularised as they violate property rights and undermine rule of law.
Another judgement Viegas cited in his letter is of the Supreme Court of India delivered in 2022 (Jia Lal v/s State of Haryana) which ruled against policies that reward illegal occupants at the expense of lawful owners.
Viegas said he has asked the Governor that if he finds that the bill does not conform to these judgements of the courts he has cited and is unconstitutional, then he should not give his assent and refer it to the President of India since it involves land and property rights.
