PANAJI: The high court of Bombay at Goa on Wednesday said it is considering imposing a timeline to decide appeals of illegal constructions and even impose costs.
Demolition is not the only solution to illegal constructions, but action needs to be taken to ensure they don’t arise, the division bench, said while hearing a suo motu petition regarding illegal constructions.
There is a “serious need for legislation” as the current penal provisions don’t act as a deterrent, said the bench comprising justices M S Karnik and Valmiki Menezes.
During the hearing, the high court focused on municipal laws under the Municipality Act, the powers of the chief officer, and sought to know who the responsible officers are to address complaints regarding illegal constructions in municipal areas.
Advocate general Devidas Pangam said that the chief officer, municipal engineer, and municipal inspector could convene regular meetings about the illegal constructions in their jurisdiction to check complaints received, show cause notices issued and action taken.
Pangam told the court to first focus on illegal constructions by the roadside as this is becoming a major problem.
He proposed that the HC issue notices to the PWD, highway authorities and collector in this regard.
He said that it is a bonanza and windfall for illegal commercial structures along the roadside that don’t pay any taxes and put genuine businesses, who pay heavily to set up businesses at strategic locations, at a disadvantage.
Last week, the division bench that included the HC chief justice observed “unabated voluminous illegal encroachments on public land, public roads, pathways and also the large number of illegal constructions which have been noticed in the past years”. It took suo motu cognisance and directed a separate public interest petition be registered to examine the problems faced by citizens on account of such illegal encroachments and constructions in panchayat, municipal, CRZ, and No Development Zone areas.
The bench had said the circumstances are “alarming” and expressed concern that if no timely action, including deterrent action, is taken, “this beautiful land will become full of haphazard constructions and structures which is completely unwarranted and antithetical to planned development”.
