SARPANCH, SECRETARY SUMMONED IN ILLEGAL CONSTRUCTION CASE

While illegal constructions have been coming up in the State despite of rules and regulations in place, one such construction in Chandor-Cavorim village in Salcete taluka has landed authorities in trouble as issue was brought before the High Court.A Division Bench comprising of Justices Naresh H Patil and N A Britto had summoned Deputy Director of Panchayats, South Goa and the BDO, Salcete to the Court over illegal construction When the matter came up for hearing the Court raised the question as to how an illegal construction done without any prior permissions, could be regularised. “Anybody can construct anywhere and then seek legalisation,” remarked Justice Patil.However, Adv Rodrigues explained that under Village Panchayat Building Regulations there is a provision to legalise an illegal structure if permissible in law. Offending structure is not regularised if not permitted under the law. Also, penalty is imposed on the applicant, he said.He also pointed out that one of the circumstances that led to passing of the order was that panchayat had passed resolution to regularise the structure.However, counsel for the petitioner Adv Galileo Teles told the Court that the provision under VPBR is not applicable in this case as the person who has carried out illegal construction has not made an application for legalisation of the structure. The Division Bench also asked government advocate why panchayat was not heard by the deputy director before passing the Court. The Court directed that notices be issued to the sarpanch, the secretary to remain present on the next date of hearing.