PANJIM: In a recent order the high court of Bombay at Goa has pulled up the village panchayat of Cansaulim and the town and country planning department (TCP) for granting NOCs to a private builder for construction of a mega housing project in the village. The division bench of Justice S C Dharmadhikari and Justice F M Reis were hearing a petition filed by Ashley Fernandes and nine others challenging the NOCs granted to a mega housing project in survey no 17/3 of the village.
The petitioners had alleged that 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. It was also stated that the the project would have an adverse effect on the ecology and environment of the village.
Advocate Nigel Costa Frias submitted that the NOC granted by the town planner does not show a traditional access in the site plan. Before the issuance of completion certificate no sewerage treatment plants have been provided in adherence to terms and conditions of the health department. The bench observed that, "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 panchayat has to ensure that the traditional access remains intact. The builders and developers must satisfy the terms and conditions. The TCP must ensure that the NOC is adhered to not only by the panchayat but also by builders and developers.
The court has further directed that, "the builders have to abide by all terms and conditions of the construction licence of the panchayat and NOC issued by the TCP. If the terms conditions are violated by the developers, the authority should not issue the occupancy certificate, it further said.
It is the panchayat which is supporting the builders and 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 court said. – TNN
Kudos to the villagers in Goa for standing up to the real estate-Government Machinery nexus that is seeking to destroy pristine villages like Cansaulim, Carmona and Chicalim with the backing of corrupt Panchayats and Ministers.
ReplyDeleteWe have read about the Gonsalves-Dias Gates Project that has been illegally constructed by Fr Valmiki Dias-Gonsalves, his brother Stuart and wife Lorna who are working together with Aggie Alcacoas from Velcao, Aboobakr Shaikh to convert Cansaulim, Arrossim and the adjoining areas into concrete jungles because of their greed. The Cansaulim Panchayat with the ex Sarpanch Jose Manuel Fernandes and Panchayat members like Martha Saldanha and Ferwin Saldanha (bonkan bott) are nothing but crroks and the High Court without naming them has exposed all of them in this judgement.
ReplyDeleteWas it necessary for the Court to tell the builders that they have to abide by the terms and conditions of the construction licence? Why don't the authorities act in accordance with law, instead of compelling the Courts to issue directions for the authorities to do so, to do what they are supposed to do? The authorities are required to take action against developers who violate the conditions. But their actions, unfortunately, hinge around MegaBucks and KickBacks. Any other explanation?
ReplyDeleteAll these selfish and corrupt panchayat members and the families are cursed and should go to hell.
ReplyDeleteGreat news for the Residents of Cansaulim, At least we can some sence by the courts for the better of Goa The panchayat members who issue NOCs must be made to pay compensation to Local residents.
ReplyDeleteThere is no doubt Bribes have been exchanged between the Builder and TCP, BDO & Panchayt.
ReplyDeleteThe Panchyats in nearly all cases are run by uneducated people.
They, to a great extent behave like they own the villages .
Many do not have basic knowledge of Panchayat rules.
Many Panchayats use delaying tactics inorder to benefit from bribes.Alternatively the will invent Laws and regulations that are not Legal.
If I am to make an assessment, nearly 1 in every 2-3 families have major issues with the Local Panchyat.
With the Building boom taking place in Goa, it is a bribery bonanza.
Many Panchs and sarpanchs now own properties and other assets,far in excess of their actual earnings.
Dear site moderator
ReplyDeleteYou may like to request people to put down solutions rather than crib and cry and belittle and blame.
Our NRI friends can share best practices of local governance abroad and how they may be utilized here in our country (Goa included).
Its quite simple to evaluate situations and find faults...I think Goa would be a better place (even more progressed) if people would propose solutions rather than just find faults.
PS: dear moderator perhaps people should also stick to more civilized language on this forum.
Hi Shamin::: Thank you for your comment.
ReplyDelete"Best Practice" as you understand it, can only be applied if it can be enforced.
Regretably, in Goa ,enforcing "Best Practice" cannot be done due to the corrupt nature of the Law Makers.Additionaly the Law makers (MLA`s) are mostly uneducated.
Quite often , what the citizens want or need is overidden by the Local MLA.
MLA`s are also well known to break all Laws and often get immunity.