PANJIM: The villagers of Cansaulim, who had filed a petition at the High Court of Bombay at Goa, were granted relief with regards to the Gonsalves-Dias Gates mega-housing project coming up in the land under Survey 17/3 known as Candialissa or Cundu.
The said property, where this project is coming up has a traditional path for the villagers to access the market, railway station and bus stop, and due to the project this access road is being blocked.
In its ruling in connection with the Candialissa project case, the High Court order issued by Mr Justice, Dharmadhikari and Mr Justice F M Reis says, "Needless to state that the authorities have to act in accordance with the order afore quoted. All certificates, including completion certificate have to be issued only if the owners and builders complete the project in accordance with the terms and conditions of the licence and approvals of the appropriate authority."
The High Court also said in its ruling that the direction of the High Court was in public interest and for public safety. There should be no obstruction to free and smooth flow of traffic and access to the traditional village houses and the same cannot be blocked.
They further directed the authorities concerned to inspect the site and ensure compliance of all the terms and conditions and not to wait until the entire construction is completed.
The High Court directed the authorities to strictly abide by the directions and conditions mentioned in the licence and NOC, so also Planning and Development Authority (Development Plan) Regulations 2000, particularly the requirements stipulated therein with regard to the access and related matters.
Having disposed of the petition accordingly and stating that these directions being comprehensive in nature, the High Court has further directed the Director of Panchayats to dispose of the pending appeal before them in terms of the High Court’s order.
Do we really have an "aam admi" government? Then how come it does not protect the interests of the aam admi? Why do people have to approach the Courts and the Courts instruct the government to follow the rules? To ensure that the builders complete the project in accordance with the terms and conditions of the licence and approvals of the appropriate authority? That there should be no obstruction to free and smooth flow of traffic and access to the traditional village houses?
ReplyDeleteIsn't protecting the interests of the people the DUTY of the government? The aam admi has been made a donkey, a beast of burden, so that the ministers and other legislators can ride on our backs, with all the weight of their illegally acquired assets.
Perhaps I was right when I said (in the print media) that, for them, the "aam admi" is the admi who force ripens the aam.
The villagers of Cansaulim had been fighting consistently during the last year and a half to stop a mega project of Gonsalves Dias and builder Aboo Bhakar which was having a very adverse effect on the ecology and environment of a very rural ward Kottarwaddo in the village of Cansaulim. The licence to this project had been issued by the village Panchayat by flouting all procedural norms. The builder had misrepresented facts by falsely stating that there was a 10m access road to the project when the ground reality showed the existence of a road width of less than 3m. The villagers had systematically lodged their protest to the housing project which comprised of 46 flats, swimming pool and a clubhouse to the respective authorities. They had even passed a resolution in the gram sabha for issuing immediate stop work order to the project for violation of norms enumerated by them. The Panchayat had then issued a stop work order to the builder, which was not served on him for reasons best known to the then ruling Sarpanch, Mr. Jose Manuel Fernandes. Frustrated with the Panchayat body for not acting on the illegalities pointed out by them, the villagers went on appeal to the Director of panchayats, in whose court, the matter lies pending till date. Seeing no justice forthcoming from office of DOP, the villagers filed a PIL in the Honble High Court of Goa. The Honble High Court delivered its verdict on 15th March 2011 and chastisised the local Panchyat for supporting the builders and
ReplyDelete- developers/owners. However, in the matter of this nature, this
- court should not be compelled to issue directions to the
- authorities to act in accordance with law. All licences and
- permissions should be issued in ecological and environmental
- interest and in the interest of general public. the honble bench directed.Further, refering to an earlier judgement in a Calangute case, the Court directed that We hereby direct that till the said road is
constructed 6 metres wide, no further construction
will be permitted. Neither occupancy certificate
shall be issued in respect of the constructed area.
This order does not prohibit either of the parties to
provide alternate road connecting to the site in
accordance with law. The direction of this Court is in public interest and
- for public safety. There should be no obstruction to free and
- smooth flow of traffic and access to the traditional village
- houses and the same cannot be blocked. The villagers were represented by their counsel Adv. Nigel Dacosta Frias. This is a mojor victory for the villagers who have been fighting tooth and nail to preserve the heritage and agrarian identity of the village from the marauding builders who are out to destroy Goan villages for personal gain said a villager.
This Panchayat should be sacked or better stoned to death for dereliction of duty.
ReplyDeleteIt is not his house or environment that is being affected.
If any one knows him tell him that Some Goans would loke to stone him to death, with the same stones the Builder wishes to use, for the construction.