PANAJI
Village panchayats across Goa have identified hundreds of illegal constructions after site inspections and due process, yet demolition drives remain conspicuously absent.
Legal experts say the biggest impediment is not the lack of evidence, but the principle of natural justice, which demands that every affected party be given a fair hearing before the bulldozers move in.
One senior lawyer explained that authorities cannot simply demolish a structure once it is declared illegal. “They must issue notices, allow time for objections, and provide avenues for appeal. This is mandated by the principle of natural justice, which ensures no one is condemned unheard,” the lawyer said, pleading anonymity.
This requirement, while protecting citizens from arbitrary State action, has become a double-edged sword. Procedural safeguards — multiple notices, hearings before the Block Development Officer, and potential appeals to the High Court — stretch enforcement timelines into years.
“Judicial oversight is meant to prevent misuse of power. But in practice, it creates hesitation among officials. Panchayats fear contempt proceedings if they act without watertight compliance with natural justice norms,” said another lawyer.
Overlapping authorities, political pressures
Beyond the legal safeguards, bureaucratic overlap between the Panchayat, Directorate of Panchayats, and Revenue Department diffuses accountability. Political considerations further complicate matters, as many illegal structures are tied to influential locals or vote banks.
It is fine that quasi-judicial authorities under the panchayat raj and revenue laws grant stays against demolition orders issued by panchayats. But then, only on the strength of this stay, business is conducted from the illegal structure for years on end, with the matter kept pending indefinitely, he added.
Experts, meanwhile, argue that the State must strike a balance: uphold natural justice while ensuring timely enforcement. Streamlined tribunals and strict timelines for appeals could help. Natural justice is non-negotiable. But it should not become a shield for blatant illegality, adds another senior lawyer.
Until such reforms are enacted, Goa’s demolition drives remain stalled — caught between the constitutional promise of fairness and the pressing need to curb rampant unauthorised construction.
