MAPUSA
The affected Cunchelim families who have been slapped with a demolition notice are hoping for legal intervention or relief, but legal experts warn they may be in for a long and complicated battle, especially as the government asserts ownership of the land in question.
Legal experts are also raising concerns over the procedural aspects of the notice, particularly the lack of due process, which has left the families questioning their rights.
A section of lawyers have expressed concern over the legality of the demolition notice itself, questioning why the affected residents were not given a chance to defend themselves before the order was made.
Senior lawyers argue that the principle of natural justice has been overlooked.
“How can you issue an order to demolish the houses without issuing show-cause notices to the aggrieved parties?” asked one senior lawyer, who preferred to remain anonymous.
“They may be wrong in occupying the land, but you have to follow due process and give them an opportunity to respond,” he added.
This legal expert pointed out that the affected residents can challenge the notice in the High Court on the grounds that they were not given a fair hearing, which could open a path for legal redress.
Advocate Mahesh Rane, who shares this view, emphasised that the affected families should consider challenging the notice on the same grounds. “The administration should have ensured that those building on government land were stopped before they even began construction. The Mapusa Municipal Council Chief Officer issued house numbers to these homes, even though they were on government land,” Rane noted.
Rane added that while he does not support illegal encroachments, the authorities should have taken preventive measures rather than allowing the construction to proceed.
CALLS FOR ACCOUNTABILITY
In addition to seeking relief from the demolition orders, the residents are also advised to take action against those who misled them into purchasing land on which they later built their homes.
Rane stressed that the parties responsible for the fraudulent land transactions should be held accountable.
“Those who cheated these families into buying government land should be brought to book,” Rane said, highlighting the need for further investigation into the fraudulent sale of the land.
LEGAL PERSPECTIVES ON EVICTION
However, not all legal perspectives are sympathetic to the residents’ cause.
One lawyer, well-versed in the Code of Comunidade, pointed out that the affected individuals were encroachers on comunidade land, which could allow for their immediate eviction under the law.
“They cannot claim long-term possession. Most of them bought the land just in the past two to three years,” said the lawyer, who requested to remain anonymous. “The comunidade has the right to evict them, and they can be removed summarily,” he added.
