As per reports in the press, BDO/IAS Officer Pallavi Mishra apparently advised Betalbatim villagers at the recent gram sabha that panchayats or gram sabhas will not be able to stop housing projects as per the law. She even quoted a high court order as a basis for a statement. I find the latter highly suspicious on 2 grounds (1) There is a Supreme Court order (Civil Appeal No 4833 of 2012) which clearly refutes the latter statement by the BDO and para 21 extract states “ While exercising the power under the Act, the Panchayat was not acting as a subordinate to respondent No.1 but as a body representing the will of the people and also a body corporate in terms of Section 8 of the Act. Therefore, it had the locus to challenge the orders passed by respondent No.1 and the High Court was clearly in error in holding that the writ petition was not maintainable.” (2) Many housing projects commit malpractices including environment/hygiene/health violations; why did the BDO not give this legal ground to possibly oppose the housing projects ? I request the Betalbatim villagers to do their own homework on the issue.
