To regularise illegal houses, Goa government plans bill to bypass comunidade

PANAJI: State govt is likely to introduce two different bills in the monsoon session of the Goa legislative assembly, scheduled to be held from July 22, to regularise illegal structures on comunidade land and govt land.

The govt, through the bill, will empower the administrator of the comunidade to decide on the application — bypassing the comunidade — to regularise the illegal structures on the respective comunidade, not exceeding an area of 300sqm.
Initially, govt wanted to issue an ordinance, but as the assembly was being summoned, state govt decided to introduce bills in the monsoon session.

In 2012, BJP govt tried to consider regularising illegal houses that were built up to the year 2000 on comunidade properties in Goa, but it did not see the light of day as no comunidade gave any no-objection certificates (NOCs) toapplicants.

State govt has started discussions, and already three meetings have been held to finalise how illegal houses and encroachments can be legalised on govt and comunidade land.

“We held three meetings. Govt will bring two bills to legalise illegal houses and encroachments on govt and comunidade land. There will be a few more meetings to finalise the bills,” a senior govt official said.

The bills are likely to give powers to the administrator of the comunidade to decide on applications to regularise structures on comunidade land. In terms of govt land, the bill is likely to give power to collectors to regularise. Collectors will decide on applications and collect the market price amount for the land from the applicant. Once the money is paid, govt will issue a sanad.

“On comunidade land, the deputy collector will issue an order, collect the amount, and issue the sanad. The comunidade will not have any role to play, but the money will be deposited in the respective comunidade once the land has been regularised,” a senior officer said, noting that this is still under discussion.

While some ministers are pushing to finalise as soon as possible, there is opposition from other ministers in the cabinet as it will encourage illegalities in the state. “The govt wants to have a cut-off date of 2025, which means all the illegalities will be legalised in the state,” the senior official said.

In his budget speech, chief minister Pramod Sawant decided to regularise illegal structures up to 1,000sqm in urban areas and 600sqm in rural areas by amending the Goa Regularisation of Unauthorised Construction Act, 2016.

In 2012, BJP govt tried to consider regularising illegal houses that were built up to the year 2000 on comunidade properties in Goa, but it did not see the light of day. Similarly, in 2001, BJP attempted to regularise the illegal houses. The govt even issued a notification in 2001, but the effort was in vain because govt did not take comunidades into confidence.

In 2001, govt said that the comunidade had to give a NOC to legalise illegal structures on comunidade land, but not a single comunidade gave an NOC to encroachers.