Daijiworld Media Network - Panaji
Panaji, Jan 20: The Bombay High Court at Goa has stepped in over allegations of illegal constructions within the protected heritage precinct of Old Goa, directing the Town and Country Planning (TCP) Department to conduct a site inspection and submit a detailed report before the Court within two weeks.
The direction was issued while hearing a writ petition filed by Panaji resident Vasco Dias, who has accused the authorities of turning a blind eye to unauthorised construction and commercial activity in Survey Nos. 143/3 and 143/4 of Ella village, falling within a protected heritage area.
During the proceedings, Additional Government Advocate Nehal Vernekar sought two weeks’ time on behalf of the TCP Department to carry out the inspection and compile its findings. Accepting the request, the High Court fixed February 5 as the next date of hearing and directed the department to place its inspection report on record.
In his petition, Dias has sought an immediate halt to all construction and commercial activities on the disputed land, contending that the structures have come up in gross violation of heritage protection norms and planning laws. He has also urged the Court to direct the State authorities to demolish the illegal structures in accordance with statutory provisions and to seal the premises pending final adjudication.
Appearing for the petitioner, Advocate Rohit Bras de Sa pressed for a comprehensive probe into the alleged violations, arguing that the case highlights not just private wrongdoing but also administrative failure. He sought strict action against those responsible for the construction as well as officials who allegedly permitted or overlooked the violations, including penalties and disciplinary action.
The Court was informed that the Old Goa Village Panchayat had issued a demolition order on April 24, 2023, under Section 66(4) of the Goa Panchayat Raj Act, 1994. However, the demolition was stalled after the respondent, Shalini Madkaikar, filed an appeal before the Director of Panchayats, North Goa, on May 8, 2023.
Significantly, on May 9, 2023, the Additional Director of Panchayats granted an ex-parte stay on the demolition order without hearing either the panchayat secretary or the petitioner. The manner in which the stay was granted has now come under judicial scrutiny.
With the High Court ordering a TCP inspection, the case has once again brought the spotlight on long-standing concerns over unauthorised construction in and around Old Goa’s World Heritage precinct, and the role of regulatory authorities in enforcing — or failing to enforce — planning and heritage conservation laws.