The Mapusa Municipal Council on Friday carried out the demolition of two permanent structure and several other temporary structures that were illegally put up on a piece of land that was allegedly ‘grabbed’ by an accused who is facing several cases including three that are being probed by the SIT tasked with investigating fraudulent sale deeds in the state.
Though in theory, the action was taken by the Mapusa Municipal Council after “due process of law” the announcement, that was made by the Goa Police Crime Branch via a press release, left little doubt over who was actually behind the demolition. In its release, the Goa Police said that the land on which the illegal structures were built was grabbed by an accused Siddique Khan, also known as Suleiman who is facing several cases of land grab and property fraud against him as well as cases of bodily offences against him. The demolition is learnt to be carried out “on the directions” of the CMO and after the Goa Police brought it to the notice of the MMC that the said structure is illegal and belonging to an accused.
At the outset, it is important to state, that demolition of illegal structures, after following due process of law, especially that have been put up on land that has been encroached upon or illegally grabbed, is very welcome and indeed should proceed with right earnest over all properties especially violations carried out flouting municipality, TCP and environmental regulations.
However, the nature of the demolition, the fact that it was publicised by the police, was approved by the Chief Minister’s office and belonged to an accused in several cases -- a history sheeter -- raises questions over the exact motivation behind the demolition. It’s almost as if the demolitions have been carried out and publicised as UP-style bulldozer action against structures belonging to an accused.
The demolition was publicised as one of sending a message to those accused of illegal land grabbing cases perhaps to serve as a deterrent that similar action will follow those who indulge in these kinds of offences. Perhaps the wider message was that action beyond just arrests and prosecution was being taken against those involved in illegal land grabbing.
However, such messaging poses several problems. For starters, a bulk of the lands that have been fraudulently grabbed or sold have structures that have been built legally and have owners who are either living here in Goa or abroad and as such can be used only against a limited subset of those accused of land grabbing.
Further, such demolition action raises questions of equality before law. It is no secret that the axe of demolition disproportionately falls on those who have no social or political capital such as immigrants and those with no permanent home. We have seen, time and again, that when the accused belongs to a class that has either social or political capital, the wheels of justice move very slowly -- almost reluctantly.
Questions also need to be asked of the municipal administration, who allowed structures to come up within their jurisdiction and failed to act against them until it was the police who decided that action was needed in this particular case. There are several other cases, where the genuine land owners are made to run from pillar to post to clear encroachments put up in their property but do not get the same promptness.
If the Mapusa demolitions are to be a precedent, let them be a precedent for swift action against illegal constructions and not a precedent for UP-style bulldozer justice.
