Authorities seem to be waiting for directions from Court to clear illegalities
Rampant illegal vending on the footpaths at the Comunidade square adjoining the Margao Municipal building on Sunday.
Photo Credits: Santosh Mirajkar
MARGAO
When the suo moto Public Interest Litigation (PIL) came up for hearing before the High Court, the Court dwelt at length on the Municipal laws in force, the powers of the Chief Officer vis-à-vis the illegal constructions et al.
On the ground, however, High Court’s hearing on illegal construction and encroachments is yet to have any echo or bearing, may be for the simple reason that the authorities such as the Margao Municipality or the PWD wait for the Court to issue directions to clear the illegalities.
Consider this: Margao’s famous Chor bazaar did roaring business on the station road, while vendors swarmed around the Comunidade square building on Sunday as usual, blatantly occupying and blocking the footpath to display their goods for sale right under the nose of the Municipal authorities.
The situation isn’t better either along the Margao wholesale fish market road. Hordes of vendors continue to occupy the wholesale fish market road, right from the market to Hotel La Grace stretch.
That’s not all. Fast food carts remain stationary and parked opposite the KTC bus stand as well as on the Margao old bus stand. The Municipal licence conditions mandate the owners to tow the hand carts to their place of residence after business hours. Despite this, the handcarts have become a permanent feature on the public space owned by the Margao Municipal body. Gaddas also stand tall in the road widening areas of the PWD in Margao and Salcete.
Remarked a senior citizen: “After turning a blind eye to the illegalities in the commercial capital, the least that was demanded of the Margao Municipal Council was to order a whip when the High Court is seized of the illegalities in the Municipal and Panchayat areas”.
MMC’s action against
kiosks raises eyebrows
Margao Municipal Council’s whip cracked against kiosks on the Borda road in Fatorda last week has raised many an eyebrow in legal circles. For, the MMC has initiated the action based on a direction issued by the South Goa district Collector to remove all the illegal gaddas/hand carts operating within the jurisdiction of Fatorda constituency.
This has thrown up a host of serious questions. One, what had stopped MMC Chief Melvyn Vaz from taking suo moto action in the matter, but had to go by the Collector’s directions when the civic body is bound to initiate action against gaddas/handcarts in the Municipal jurisdiction as per the 1998 High Court order on encroachments. Secondly, how come the district Collector or the MMC Chief Officer restricted the 1998 High Court order on removal of encroachment only to Fatorda constituency when the order is applicable throughout the Margao Municipal jurisdiction, including Margao.
Indeed, even as the High Court last week tried to find out the Municipal laws, the powers of Chief officers and role of officers mandated to initiate action against illegal construction, the Margao Municipal Council has been violating the 1998 High Court order on encroachments with impunity.
System needs to
be streamlined
High Court’s suo moto PIL on illegal constructions may come as welcome news with illegalities mushrooming with political patronage and administrative red tap across the state.
What about the system in place, more so when hundreds, if not thousands of cases are pending in the quasi-judicial forums, right from Municipal Chief officers to Director of Municipal Administration to the deputy and Additional Director of panchayats to the Panchayat Director and other legal forums?
A senior bureaucrat sought to know whether the High Court will come out with directions to streamline the disposal of backlog of cases before the quasi-judicial authorities to give relief to the citizens. “Both the revenue courts and the Panchayat and Municipal quasi-judicial forums are overwhelmed with pending cases. There’s a need for a system to check whether the check lists filed by the talathis and Mamlatdar are disposed of by the deputy Collectors and the timeline within which they have to initiate action. Similarly, cases on illegal constructions have been pending before the deputy Panchayat Directors and the Panchayat directors, if not the director. A timeline for disposal of cases will go a long way in the quick disposal of cases”, the official added.
Retired bureaucrat Elvis Gomes has welcomed the High Court suo moto PIL on illegal constructions, but at the same time felt that citizens will get justice only if the bureaucracy or the quasi-judicial forums are made to dispose of cases within timelines. “I feel the Revenue, Municipal and Panchayat authorities should be bound by the Time Bound delivery of services guarantee for quick disposal of cases and to rule out political interference. I only hope the High Court exercise puts a system in place to make the authorities accountable”, Gomes said.
