PANAJI
As seasonal rains have unleashed their fury year after year, a growing number of Goa's ageing buildings — many of them dating back to the Portuguese era — are crumbling owing to neglect or genuine structural reasons. But even as safety concerns mount, authorities have been caught in legal roadblocks, particularly where tenants and landlords are locked in long-standing disputes.
Many structures identified as weak and in dire need of repair or demolition are still standing or giving in to the rains. Yet, despite the evident danger, the path to action remains legally fraught, with disputes between landlords and tenants considered the prime reason.
Many tenants have lived in such premises for decades on outdated rental agreements with frozen rates, some as low as Rs 10 per month. Legal experts have conceded that landlords refuse to undertake repairs in these cases, hoping the buildings deteriorate to the point where tenants are forced to vacate.
Legal tools, little action
However, there are laws to tighten the grip on the owners as well as the tenants. “We have statutes wherein the village panchayats and municipalities are empowered to act against dangerous buildings. They can begin by issuing a show-cause notice to the owner either to carry out repairs or demolish the building. If there’s no compliance, authorities can seal the premises, proceed with demolition, and recover the cost from the owner,” senior advocate and former Advocate General Carlos Ferreira told 'The Goan'.
Another noted senior advocate, Cleofato Coutinho, echoed Ferreira’s position, citing powers available under the Municipalities Act. “The Chief Officer can pass a demolition order, but only after issuing notices to owners. The authorities should also seek engineering opinion before orders are finalised,” he explained.
Coutinho further stated that where buildings are deemed beyond repair, demolition becomes mandatory regardless of ongoing civil disputes. “Unsafe buildings will have to be demolished, especially if repairs are not possible. But if a structure is still sound, then it must not be brought down arbitrarily,” he added.
Tenancy issues
Tenants, if not all, however, often resist vacating, citing tenancy rights. Experts admit that co-ownership issues and tenant-related matters complicate enforcement.
“There are practical difficulties that authorities face, such as the issue of tenants and the co-ownership. However the law allows authorities to act, provided proper procedures are followed. A show-cause notice must be issued to the owners with a time frame, with a default clause that if the owner fails to act, the authority has the right to step in, demolish, and recover costs from the owner,” Ferreira explained.
The former AG further emphasised the use of the Disaster Management Act, 2005. “Invoking it allows swift action in cases where buildings are dangerously dilapidated, as this enactment overrides all laws,” he said.
Reform and responsibility
Coutinho also pointed out that many landlords intentionally avoid repairs to hasten a building’s collapse. However, he added that the civil dispute should not delay official orders when a structure is unsafe.
“There are two categories: buildings that can be repaired, and those that cannot. If a landlord refuses to act, tenants can move court and request permission to carry out repairs themselves. But if repairs aren’t viable, the building must be brought down,” he said.
He also called for proactive steps from local bodies and legislative intervention by the State government. “Municipalities must be firm. Most of these issues stem from outdated rent laws and frozen leases. The State must consider amending existing legislation and adopt a holistic approach involving all stakeholders comprising the government, authorities, owners and tenants,” he said.
