It’s time to dismantle the ecosystem protecting illegal activities
The High Court of Bombay at Goa, while hearing the suomotu matter in connection with the Birch inferno, observed on Monday that the matter will not be taken lightly and that the court will go to the root of the issue to do what is best for Goa. The division bench did not stop with this. It said that the ecosystem protecting illegalities must be dismantled.
The HC must be complimented; first, for taking up the matter suomotu and, second, for its statement that the ecosystem protecting illegal activities must be dismantled. The government should have taken action in this direction. After initial pro-activeness, which was also reflective of the negative publicity Goa received at the international level, the government’s inertia seems to have set in.
However, Advocate General Devidas Pangam submitted before the court that the Birch establishment was an illegal structure and must be demolished. He also listed the action taken by the government in the matter, including the suspension of officers. He said that the government has no love or affection for illegal business establishments and expressed the state’s intent to take firm action against illegal commercial structures across Goa. While this is to be appreciated, much depends on what action the government will actually take. Amicus Curiae AdvRohit Bras de Sa submitted that building regulations must be strictly complied with. It was stated that the Regional Plan categorises the land on which Birch stood as a salt pan.
We have enough laws and regulations to regulate constructions and to take action against illegalities. But where is the enforcement? The Birch nightclub inferno has exposed the underbelly of tourism activities along the coast. The government has not yet released the Magisterial Inquiry report in the public domain. Only “key observations” from the report have been issued in the form of a press note. It has revealed glaring lapses by government authorities at different levels.
The government press note brought to light how the sarpanch and panchayat secretary operated. The application for the trade licence was inwarded in the office of the Arpora Nagoa panchayat secretary on December 11, 2023, and on December 14, 2023, a resolution was taken and the final certificate was issued on December 16, 2023, without insisting on the required documents, in a hasty manner. The nightclub and adjoining structures were constructed on property recorded as salt pan, paddy field and sluice gate in revenue records. “Therefore, a house number could not have been issued to these structures as they did not have any construction licence or occupancy certificate,” according to the inquiry report. It also states that despite this, the illegal structures, were not only issued house numbers, but trade licences too. Interestingly, the Goa Coastal Zone Management Authority had discharged the show-cause notice issued to the establishment about two weeks ago, stating that the site is not classified as a salt pan under the Coastal Zone Management Plan.
The government must make the inquiry report public. If it has nothing to hide, then it must be open to discussion on the issue. The government is also in possession of reports of inspections conducted of commercial structures last month. Birch illegality cannot be seen in isolation. There have been complaints of illegalities along the state’s coast. Will the government ask the GCZMA to act promptly? Former Chief Justice of the Allahabad High Court Justice (retd) Ferdino Rebello has also raised issues related to such illegalities and land conversions. Will the government do what the people want?
