Term amended land law as ultra vires, vow battle in High court
Comunidade component Franky Monteiro questions the government’s move to regularise illegal constructions on Comunidade land.
MARGAO
Vehemently objecting to the government order initiating the process for the regularisation of illegal houses on Comunidade land, components of South Goa Comunidades on Thursday charged the Goa government for trying to supersede the recent orders of the Supreme Court against illegal constructions through Legislation.
They termed the recent Amendment as ultra vires of the Constitution of India, and have vowed to challenge the law in the High Court, both collectively and individually.
Accusing the government for amending the law to protect their vote banks ahead of the upcoming polls, the components reminded the Goa government that the government does not own the Comunidade land, an age-old institution. They further asserted that the government has no powers even to regularise illegal constructions on government land, pointing that the government of the day is just the custodian of the land for five years.
Addressing the media, Franky Monteiro wondered how the Goa government can supersede the recent Supreme Court judgements coming down heavily on illegal construction on government and comunidade land, irrespective of whether they are new or old.
Saying that overwhelming majority of the comunidade bodies have objected to the amendments, Franky said it is just a matter of time before the petitions are filed in the High Court. He feared that the law passed by the government will remain forever as in the case of the law providing for regularisation of unauthorised constructions. “This law was passed for a limited period of 180 days, which was then extended to 210 days and the law is still in force. Similarly, the Amendment law will continue in the State as part of vote bank politics,” he added.
President of Chinchinim Comunidade, Agnelo Furtado said the Legislation passed by the government is ultra vires of the Constitution of India. “How can anyone grab land belonging to a private institution and carry out construction without following the due process of law,” he said.
Pointing out that the Comunidade bodies have no power to demolish illegal structures, Furtado said the Comunidade bodies are at the mercy of the Administrator of Comunidades and village panchayats to raze down the illegal structures. “How can the government blame the Comunidade managing committees for not taking action against the illegal structures on Comunidade land when files are pending before the Administrator for action,” he questioned.
Another Comunidade component John Philip Pereira said it is very clear that the government has brought in the law to regularise illegal structures on Comunidade and government land to circumvent the directions issued by the High Court against illegal structures on government and Comunidade land and structures along roadsides.
Govt’s move to empower Administrator, override Comunidade objections draws flak
MARGAO: Slamming the process notified by the government to pave way for regularisation of illegal houses on Comunidade land, Franky Monteiro questioned how the government can arm the Comunidade Administrator to overrule the objection raised by Comunidade bodies to the applications for regularisation.
He said the rules have given deeming provision to the Administrator to act on the application in the event the Comunidade bodies fail to take action on the application within 30 days. “How can the government give powers to the Comunidade Administrator by default to act on the applications. Even when the Comunidade managing committees reject the application, the rules have empowered the Administrator to reject and overrule our objection. This is totally absurd as the rules have taken away the powers of the Comunidade bodies to decide on illegal constructions. If we reject the applications, the power goes to the Administrator to reject our objection,” he added.
Franky said the Code of Comunidades only gives powers to the government to oversee the administration. The role of the government and Administrator comes into play only when there is a violation. But, here is a case wherein the government wants to punish the comunidades for upholding the law, he added.
