Goa's Battle Against Illegal Constructions: A High Court Directive

July 3, 2024, 9:45 pm
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Real Estate HC orders Goa govt to create SOP for illegal constructions in 2 weeks
In a bold move to tackle the rampant issue of illegal constructions in Goa, the High Court of Bombay has issued a directive to the state government. The court has ordered the creation of a Standard Operating Procedure (SOP) within two weeks to address the proliferation of unauthorized structures in the region.

The High Court's decision comes in response to the alarming number of illegal buildings in a ward at Arambol. The court has called upon various government bodies, including the Goa Coastal Zone Management Authority, the director of panchayats, and the Goa State Pollution Control Board, to collaborate and establish a system with clear SOPs to combat illegal constructions effectively.

Highlighting the lack of coordination among different government agencies, the court emphasized the need for accountability and swift action against offenders. It stressed that in cases where no appeals are filed, demolitions must be carried out promptly, and environmental damage must be assessed without delay.

Furthermore, the High Court underscored the importance of immediate withdrawal of consent to operate once a demolition order is issued. It also emphasized the necessity for all involved agencies to stay informed about ongoing actions. The government has been given a strict deadline of two weeks to devise the plan, with a warning that the court will intervene with its own SOPs if necessary.

The court's directive stems from a suo motu petition regarding illegal constructions in a specific ward in Arambol, where over 200 unauthorized structures have been identified. Shockingly, 28 of these structures have been linked to former sarpanch Bernard Fernandes and his family. The court was informed that while the family had demolished 10 temporary structures, the remaining 18 were permanent, some even comprising multi-storey buildings with swimming pools.

In defense, the former sarpanch's counsel argued that these constructions predated his tenure in the panchayat and that no resolutions or licenses were issued for the structures during his term. However, the court remains steadfast in its commitment to upholding the law and ensuring that illegal constructions are dealt with decisively.

As the battle against illegal constructions in Goa intensifies, the High Court's directive serves as a crucial step towards restoring order and accountability in the real estate sector. With the government now tasked with developing a comprehensive SOP, the hope is that this initiative will pave the way for a more transparent and law-abiding construction landscape in the region.