HC orders Goa govt to create SOP for illegal constructions in 2 weeks
Real Estate

HC orders Goa govt to create SOP for illegal constructions in 2 weeks

Referring to the sheer magnitude of illegal structures in a ward at Arambol, the High Court of Bombay at Goa directed the Goa Coastal Zone Management Authority (GCZMA), the director of panchayats, and the Goa State Pollution Control Board (GSPCB) to coordinate and create a system with standard operating procedures (SOPs) to address illegal constructions, ensuring that offenders are held accountable.

The High Court noted a lack of cooperation among various government authorities and departments, which benefited the offenders. The court emphasized that if no appeals are filed, demolitions must be executed and environmental damage promptly assessed.

The court stated that once a demolition order is issued, consent to operate should be withdrawn immediately, and it stressed the need for all involved agencies to be aware of ongoing actions. The government was given two weeks to develop the plan, with the court warning that it would impose its own SOPs if necessary. The bench, hearing a suo motu petition on illegal constructions in one Arambol ward with over 200 illegal structures, expressed that such matters should not reach the High Court.

Among these illegal structures, 28 were linked to former sarpanch Bernard Fernandes and his family. The court was informed that the family had demolished 10 temporary structures, while the remaining 18 were permanent, some being multi-storey buildings with swimming pools. The former sarpanch's counsel argued that these constructions predated his election to the panchayat and that no resolutions or licenses for his structures were issued during his tenure.

Referring to the sheer magnitude of illegal structures in a ward at Arambol, the High Court of Bombay at Goa directed the Goa Coastal Zone Management Authority (GCZMA), the director of panchayats, and the Goa State Pollution Control Board (GSPCB) to coordinate and create a system with standard operating procedures (SOPs) to address illegal constructions, ensuring that offenders are held accountable. The High Court noted a lack of cooperation among various government authorities and departments, which benefited the offenders. The court emphasized that if no appeals are filed, demolitions must be executed and environmental damage promptly assessed. The court stated that once a demolition order is issued, consent to operate should be withdrawn immediately, and it stressed the need for all involved agencies to be aware of ongoing actions. The government was given two weeks to develop the plan, with the court warning that it would impose its own SOPs if necessary. The bench, hearing a suo motu petition on illegal constructions in one Arambol ward with over 200 illegal structures, expressed that such matters should not reach the High Court. Among these illegal structures, 28 were linked to former sarpanch Bernard Fernandes and his family. The court was informed that the family had demolished 10 temporary structures, while the remaining 18 were permanent, some being multi-storey buildings with swimming pools. The former sarpanch's counsel argued that these constructions predated his election to the panchayat and that no resolutions or licenses for his structures were issued during his tenure.

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