Additional Collector-I tasked with overseeing progress, submit monthly reports
PANAJI
With over 5,500 applications pending for decision under Goa Regularisation of Unauthorised Construction Act, 2016, the State government has directed Deputy Collectors cum the competent authorities to dispose of all the cases by March 2025, as assured by the Chief Minister Pramod Sawant in his Budget 2024-25.
A Standard Operating Procedure (SOP) laid down by the Revenue Department, has also specified that ownership dispute with Court order should be the only ground for rejection of the application and that dispute without judicial order, does not amount to rejection.
The department has also said that if a Mundkar has reconstructed their houses on the same plinth area as the original structures, benefits under the Goa Mundkars Act 1975 should be considered.
Under Secretary Revenue Sandeep Gawde has further directed the Deputy Collectors to assess the current number of pending cases in each talukas and based on the volume of cases, a monthly target should be set to clear all the applications to meet the March 2025 deadline.
The Additional Collector-I is entrusted with the task of monitoring the monthly progress of disposal of cases and to submit report to the government. The authorities are also directed to ensure that no case is rejected without providing the applicant an opportunity to be heard, as improper rejection without any hearing leads to appeal thus further delaying the disposal process.
“The SOP must be strictly followed by all the officers involved to ensure that all cases under the Act are disposed of efficiently and within the stimulated deadline of March 2025,” Gawde said.
As per the available information, of the total 10,000 applications received seeking regularisation of their houses, government rejected 3,092 applications while granting approval to 1,509. Almost 5,583 applications are currently pending for decision.
The department has noted that a major delay in the disposal of cases is due to delay in submission of technical reports, particularly from the public works department (PWD).
“Although timely inspections are conducted by teams comprising the TCP, Forest Department, Inspector of Survey and Land Records, PWD and the Mamlatdar, the delays in report submission especially from PWD hamper the disposal process,” Gawde said as the department decides to write to PWD chief engineer to ensure timely submission of inspection reports.
The maximum number of applications was received from South Goa - 5,105 of which 732 have got approval, while 2,488 are rejected and another 1,885 are pending decision.
In North, of the total 5,079 applications, 777 have been approved while 604 are rejected. The decision on 3,698 applications is awaited.
The Goa Regularisation of Unauthorised Construction Act, 2016 (Goa Act 20 of 2016) was enacted to make a provision for regularisation of unauthorised constructions carried out in certain lands in the state before February 28, 2014.
The original time limit for filing applications was 180 days, which was subsequently extended to 210 days on December 26, 2016. Thereafter, on September 18, 2018 another 30-day time period was given for filing such applications which expired on October 18, 2018. Late in January, 2023, the government granted a final extension of 90 days to make applications.
“There may be certain unauthorized constructions which could be compoundable. There may be certain construction wherein only part of the construction is required to be removed. In such cases, the extreme step of demolition of the property or house would be disproportionate,” the department said.
“The construction of a house has as aspect of socio economic rights and for an average citizen, the construction of house is often the culmination of years of hard work, dreams and inspirations. If this is to be taken away, then the authority must be satisfied that this is the only option available,” it added.
