TNN
Jul 20, 2013, 02.54AM IST
MARGAO:
The comunidades of Margao and Aquem have submitted their say in the
slum demolition case, thereby paving the way for the administrator of
comunidades to deliver the judgment in the case pertaining to
demolition of the illegal structures at MotiDongor and Tolsanzor.
The
comunidades, in their say, have countered all the claims made by the
slum dwellers and raised objections to the demands for regularization
of their structures, sources informed. Confirming this, administrator
of comunidades Sangita Naik said that she will deliver the judgment
in the case by next week.
At
the recent hearings conducted by the administrator of comunidades,
the affected slum dwellers had pleaded for regularization of their
structures. The Moti Dongor residents had pointed out that the area
where their structures stand has been notified as a slum area by the
government and pleaded they should be rehabilitated in case the
authorities decide to demolish the slums. The Tolsanzor residents had
sought protection from demolition of their slums on the grounds that
their applications for regularization of structures made to the
district collector in 2002 were still pending.
Sources
said that the comunidades of Margao and Aquem have taken strong
exception to claims for regularization, citing a Supreme Court
judgment in July 2011, in the case of Jagpal Singh vs state of Punjab
and others.
The
Supreme Court, in the said case, had come down heavily on
encroachments on common lands in village communities in India, and
inter-alia directed state governments 'to prepare schemes for speedy
eviction of illegal/unauthorized occupants of such lands after giving
a show-cause notice and brief hearing'. While dismissing the appeal
filed by the appellant against the state of Punjab, the court
observed thus: "Long duration of such illegal occupation or huge
expenditure in making constructions thereon or political connections
must not be treated as justification for condoning this illegal act
or for regularizing the illegal possession." Chief secretaries
of all states were directed to submit compliance report.
The
then chief secretary Sanjay Srivastava had sworn an affidavit in the
Supreme court assuring the court that 'the state has in place the
appropriate enactments to remove encroachments from the lands
belonging to the government or local authority or a comunidade'.
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2013 Bennett, Coleman & Co. Ltd. All rights reserved.
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