Health Act provision on water, power most misused, says HC

Panaji: The high court of Bombay at Goa on Monday observed that the Health Act is the most misused act in the state, often used to obtain electricity and water connections for illegal structures in Goa.
Advocate general Devidas Pangam told the court that the Health Act is the root cause of the proliferation of illegal structures. He suggested that water and electricity connections under this act be stopped for illegal structures.
The court began hearing suo motu matters concerning the illegal constructions mushrooming across the state. During the hearing, the judge questioned the AG about the root cause of these illegal structures. Pangam identified the Health Act as the “root cause”. The division bench will continue to hear the matter on Wednesday.
“Illegal construction itself is a disease,” said Justice M S Karnik. Justice Valmiki Menezes noted it as the “most misused provision (of the Act)”.
The AG stated that most illegal structures are constructed during the weekend when there are no officers working. He suggested that there should be a junior-level officer who will act against illegal constructions emerging on weekends.
A WhatsApp number should be circulated among the public to send photos of illegal constructions to that officer for action.
Pangam proposed that junior officers could stop the work, and during weekdays, senior officers could take further action. The judges questioned whether any survey is conducted in the villages for illegal structures or if any undertaking is taken from the owner of the structure regarding its size when house tax is paid. Pangam responded that no such exercise is conducted.
The division bench questioned whether there could be periodic checks in villages to monitor illegal structures.
The AG stated that the primary responsibility lies with ward members to check illegalities occurring in their area and report them to the sarpanch, deputy sarpanch, and secretary of the village panchayat for necessary action, without the need for any complaint.
Pangam mentioned the need to put up a board outside any construction indicating the permissions from authorities. The bench also suggested adopting new technology, such as a QR code, to be displayed in case anyone wants to verify whether the permission necessary is obtained.
Pangam explained that initially, people construct temporary structures and later convert them into permanent ones. He emphasised that without a construction licence and occupancy certificate from authorities, no electricity and water connections should be given to any structure.