Accountability is missing in Goa govt: HC on illegal constructions

Panaji: The Bombay high court on Monday castigated the Goa govt for lack of accountability while hearing a petition seeking implementation of demolition orders of the Birch by Romeo Lane structures.

A division bench of Justices Sarang Kotwal and Ashish Chavan raised critical questions that people have been asking since the tragedy. “Considering there was a demolition order, why was the trade licence issued in the first place?” The division bench said it was “very bad” that the demolition order was kept pending for so long by the director of panchayats. It sought to know the director’s qualification and how the appointment is done, as it grilled state counsel over the matter.


The HC asked govt to explain how commercial operations were on at the nightclub even though it did not possess an occupancy certificate. Why was it issued a commercial licence if it did not possess an occupancy certificate, the state sought to know.

The govt counsel told the court that the commercial licence was issued 10 years ago.
“From day one, we have observed and expressed our concern... why wait for somebody to make a complaint (of an illegal construction). It is your duty to visit the spot and examine if constructions are as per plans,” the division bench told the govt counsel.

Even after final demolition orders, the judges observed that authorities “pass the buck” and claimed that police and others do not cooperate. “Accountability is missing and that’s why this is happening. Punishing after the event is one issue, but we are concerned about prevention,” the bench said.

“We are more concerned about the safety of commercial establishments to avoid a tragedy in the future. This is the time for corrective action,” the bench said.

Advocate Rohit Bras de Sa, appearing for the petitioners — Pradeep Ghadi Amonkar and Sunil Divker — who are seeking implementation of the demolition order, told the court that lives could have been saved if authorities paid heed to his Nov 4 legal notice and inspected the illegal structure built on a salt pan. He said no structure can be occupied without an occupancy certificate, let alone commercial operations run from it.

“Everybody has profited at the cost of 25 lives lost. Politicians have profited...” he said and added that there are several illegal structures operating without occupancy.

Govt advocate Neehal Vernekar told the court that officials connected to the case are being questioned by the magisterial inquiry committee. He said it was the failure of the panchayat and blamed it for issuing a NOC to the illegal structure.

Vernekar said the solution would be to first identify the illegalities and map them as is being done in the suo motu petition of illegal constructions that’s been before the high court since last year.

The HC, however, declined the suggestion as it will be very long before the petition is disposed of.