The Honourable Supreme Court of India gave a historic judgement paving the way for protection of the commons across the country on 28th January 2011. This came in connection to the hearing on the Civil Appeal No. 1132/2011 @SLP(C) No. 3109/2011. This blog is aimed to collate all possible information related to the judgement. For views and comments write to firstname.lastname@example.org
Friday, March 8, 2013
Tivim panchayat ‘flouts’ HC order
Illegal structures on comunidade land rise from 6 to 36, claim locals
attempts have been made to remove encroachments on comunidade land in
Margao, a High Court order directing the Tivim panchayat to demolish
structures illegally built on comunidade land is yet to be
implemented since 2010.
by a group of locals to petition 12 different offices, right from the
panchayat to the governor, in this regard have met with little
success so far and locals have claimed that the number of
encroachments have shot up from six to 36 in the past three years.
to Herald, United Citizens of Tivim President Jacinto Sequeira stated
that the Tivim Panchayat is yet to act on the High Court order
directing the panchayat to demolish structures illegally built on the
comunidade land in the village.
High Court, in its order dated July 7, 2010, had directed the Tivim
panchayat to demolish the illegal structures built on the comunidade
land, where there is no ad interim relief operating in appeals. The
panchayat has still not acted on the order,” said Sequeira.
had filed a writ petition in the High Court alleging that “the land
belonging to Tivim comunidade was illegally usurped by various
encouragements for housing purpose, which is against the Provisions
of Goa Land (Prohibition of Construction Act 1995).”
the affidavit dated April 17, 2010, filed before the High Court, the
Tivim Panchayat stated that it had issued demolition notices to
illegal encroachers on November 7, 2009, and had directed the
encroachers to demolish the illegal structures, but could not take
further action as the encroachers challenged the demolition notices
by preferring appeals before the Additional Director of Panchayat and
obtained ex-party interim relief.
fact, the then Deputy Collector & SDO Mapusa Johnson Fernandes
had pulled up the Administrator of Comunidade, North Zone, for not
taking any action against the illegal structures.
his strongly-worded letter dated March 17, 2009 to the Administrator
of Comunidade, Fernandes stated: “You are very much empowered to
initiate action in terms of the Act 1995 and it appears that your
office has remained a silent spectator to ongoing illegal
construction which acts as a potential encouragement for others to
induce into acts of carrying on with additional constructions.”
said he had raised the issue of the illegal construction in 2009 with
the authorities concerned when only six houses were built.
during the last 3 years, 36 houses have come up on comunidade land
but nobody is bothered to take any action against them despite order
from the High Court. All the appeals of the encroachers have been
disposed off, but no action has been taken by concerned authorities,”
with the High Court order, the United Citizens Forum petitioned the
governor, chief minister, revenue minister, Tivim MLA, chief
secretary, secretary of Directorate of Panchayats, Director of
Panchayats, Collector (North), Block Development Officer, Mamlatdar,
Tivim Panchayat and the Administrator of Comunidade (Bardez),
requesting them to get the encroachments demolished.
efforts to get authorities to demolish the encroachments have been in
vain and the failure to implement the court order amounts to contempt
of court,” stated Sequeira.
contacted, Tivim Sarpanch Tulshidas Shinde stated that the panchayat
had not acted on the High Court order, as those involved in the
encroachments had appealed in the court.
asked which court he was referring to, Shinde said: “I will have to
check up with the advocate”.