HC tells Goa govt: No permanent water, power connections to illegal houses

Panaji: The Bombay high court at Goa directed state govt neither to issue permanent water or electricity connections nor NOCs to occupants of illegal structures unless an occupancy certificate is submitted.

Panchayats issue NOCs to occupants of such illegal and unauthorised structures on the basis of which approvals are obtained like excise licence, etc, the court said.

It said panchayats should ensure that its demolition orders are executed expeditiously and told state govt to expeditiously provide assistance to panchayats for expeditious execution of demolition orders.

“If panchayats persistently fail to take action in respect of illegal and unauthorised structures within their jurisdiction, the director of panchayats should initiate proceedings under Section 210-A of the Goa Panchayat Act, 1994, for removal of the members of the office as a member for persistent remiss in the discharge of duties,” said the order by the division bench of Justices Bharati Dangre and Nivedita Mehta.

The HC appointed the director of panchayats and Goa Coastal Zone Management Authority member secretary to ensure compliance with directions issued to the directorate of panchayats and the GCZMA.

The high court passed the directions, accepting the suggestions of amicus curiae Y V Nadkarni, while disposing of a public interest petition of 2023 where it had taken suo motu cognisance of rampant and illegal constructions in one ward of Arambol. Authorities identified over 200 illegal structures in the one ward of Girkarwaddo and issued showcause notices to them, with several demolition orders passed and some challenged.

The high court directed the GCZMA to conclude the 100 proceedings with regard to Arambol illegal constructions, pending before it within six months. It also directed the appellate forum of the panchayat, the additional director of panchayats to dispose of pending appeals within six months.

After the high court took suo motu cognisance of the illegal construction in the ward of the then sarpanch, he was removed and it was found that several belonged to him and his family members. The HC had then expressed “shock” on learning that there were more than 187 illegal structures in one small ward of Arambol.