PANAJI
Cracking down on yet another set of alleged illegal structures, the Bombay High Court at Goa has directed the Village Panchayat to investigate illegal constructions in Usgao and issue show cause notices to cease construction or face demolition if deemed necessary. The VP is also directed to reply as to why it failed to initiate action earlier.
The Division Bench of Justice M S Sonak and Justice Valmiki Menezes issued the direction to a petition alleging illegal constructions in property under Survey Nos.236/0 of Village Usgao and that Panchayat isn't taking any action to prevent such constructions coming up at a fast pace.
During the hearing, the petitioner informed the Bench that Deputy Town Planner had written to the Secretary/Sarpanch of Bandora that his office had not issued any technical clearance order for undertaking development in the property. Further, the Deputy Town Planner informed the Secretary/Sarpanch that this property is earmarked mainly as natural cover and only a minor area is in the Settlement Zone, after which Panchayat was requested to initiate action under the provisions of the Goa Panchayat Raj Act.
However, despite the letter, only show cause notices were issued to eight parties in 2023, but there is no follow-up action. "As a result, the Respondents continue with the constructions even though such constructions have no technical clearance from the Planning Department or even permissions from the Panchayat," the petitioner said.The High Court , on hearing the parties concerned, directed the Secretary/Sarpanch to immediately visit the site and check whether any constructions are going on without permission from the Panchayat and the Deputy Town Planner.
"If such constructions are going on, then, it is
expected that stop work orders are issued followed by show cause notices requiring such parties to show cause as to why further construction activity should not be stopped and if any constructions have been put up, why they should not be demolished," reads the order.
The order further stated that the Panchayats, particularly in cases where they have not issued any permissions, should not delay action and try to create and comply situations.
The Panchayat in this case, should file an affidavit explaining why no action was taken all this while assuming that the Panchayat had not issued any permissions for such constructions.
