MARGAO
An IAS officer presiding as the Salcete Block Development Officer on Sunday asserted that unless an Act is passed in the Goa Legislative Assembly highlighting the concerns of the people against mega housing projects, the panchayats will not be able to stop the housing projects as the local bodies are bound to function within the statutory powers of the Goa Panchayat Raj Act and the Constitution of India.
The Salcete BDO further reminded the gram sabha members that the developers are very powerful people enjoying immense resources, adding that the panchayats are bound by the provision of the Act in force.
BDO Pallavi Mishra, IAS further asserted that the public authorities are not enabled to take policy decisions on issues such as land and housing projects, adding “policies on what your village should like lies with the political people at the legislature level. The sarpanch cannot make the law”.
“I agree with your concerns on mega housing projects and your concerns may be valid and important. But, there are limited powers with the panchayat. You know the legal functions of Goa. Unless the Act is passed in the Goa Legislature that highlights your concern, the panchayat cannot do anything. The panchayat is a body that can function under the Goa Panchayati Raj Act and under the Constitution. The panchayat may pass a resolution tomorrow, but it has to be enforced under the provision of law”, Salcete BDO Pallavi Mishra told the gram sabha members of Betalbatim on Sunday.
When a gram sabha member sought to know whether the BDO wants the people to Betalbatim to allow projects in the village on the lines of Bhutani in Sancoale, the BDO said “I agree with your concerns. What I am trying to tell you is that the Panchayat enjoys limited powers. The legal function is very clear in Goa. Unless the Goa Panchayat Raj Act is amended by the Legislature, the panchayat will have no powers to stop the big projects”.
The Betalbatim panchayat had called for a special gram sabha on Sunday to specifically discuss the issue of mega housing projects in the village and to insist that all construction files received by the panchayat body should be placed before the Gram sabha for a decision.
The IAS officer kept insisting that neither the Goa panchayat Raj Act nor the 2009 High Court Judgement in the Meenakshi versus Orlim village mandates the Panchayat to place the construction projects before the gram sabha.
When a gram sabha member pointed out that Betalbatim village has exceeded its carrying capacity and cannot sustain any more mega housing projects, the BDO said “I am not disagreeing with what you are saying. Your concerns are valid and should be brought to the public authorities. What I am trying to say is that the panchayat’s hands are bound by the Act. You are educated and informed people”.
