Observing that the “fragile ecosystem of Goa ought to be protected”, the High Court of Bombay at Goa has directed the government authorities to take action to curtail and remove illegal constructions across the state. The court was hearing a suo motu public interest litigation (PIL) on illegal constructions in Goa. In an order uploaded on March 12, a division bench of Justices Nivedita P Mehta and M S Karnik said, “Goa has blessed us with a delightful nature which needs to be cared for and protected. The fragile ecosystem of Goa ought to be protected… Open spaces are encroached upon. Paddy fields are being converted without any permission and in breach of the statutory provisions. Roads and road-widening areas are encroached upon without any authority of law. Illegal constructions are also put in no-development zones. The competent authorities either do not take action against such illegal activities or avoid taking such actions. This has resulted in wholesale change of the landscape in the state of Goa by such wide and rampant illegal constructions without any authority of law.” “Time has come to curtail, stop and remove such unauthorised constructions in terms and in accordance with the statutory provisions,” the court said. The court directed all the municipalities, the Corporation of the City of Panaji, and panchayats to conduct inspections of all the roadways, highways, major roads within their jurisdictions and submit within four weeks a report of any illegal construction along the edge or road widening area abutting such roadways, highways and major roads. The court directed the state to ensure that sufficient funds are made available for geo-mapping, adding that the exercise must be completed within a year. “All over the state we find that when people raise illegal constructions, it is claimed that the said construction has been existing for long. The solution to this is to get geo-mapping done…This can be done by satellite, drones or vehicles. Once the whole state is geo-mapped, it would be easy to control illegal constructions,” the court said. The court further directed the talathi of every village to conduct an inspection of any illegal construction on paddy fields within their jurisdiction in violation of the Goa Restriction on Transfer of Agricultural Land Act, 2023 and submit a report to the block development officer (BDO) within four weeks to initiate further action related to demolition. The court also directed talathi of every village to conduct inspection of illegal construction on government property and tenanted lands within their jurisdictions and submit reports within eight weeks to the respective BDO and mamlatdars.
