Illegal = Legal, STOP IT

This first appeared in "The Goan Everyday"

In my last column, I had appealed to the local authorities to address the problem of illegal constructions and unauthorised structures on the public land by enforcing the existing rules. Lo and Behold, a news report reminded me that the Government was seriously apprised about the problem and were working on the solution. The options were, do nothing or follow the law and remove the illegal structures. The Government seems to have found another route, change the law and make everything legal.

Apparently in his budget speech of 2014, the then Chief Minister Parrikar had promised to legalise all structures which were constructed illegally. Apparently there are 30000 such structures around Goa. The logic apparently was that by making the structure legal it would be possible to collect atleast Rs 100 crores as house tax. Lots of money for a cash strapped Government. This way the Government would be able to make some money on services rendered. After all the illegality was only because the house owners could not complete the complex formalities related to getting construction permissions. Since Mr. Parrikar is elevated to the center, the current Chief Minister is ensuring that the promise is fulfilled.

Rather than first simplify the procedures so that no more illegal structures come up, the government in its wisdom decides to legalise the structures in one stroke. The Dy CM has gone a step further and has asked the panchayats to issue “house nos” because the cabinet has taken a policy decision. Imagine the confusion. “House nos” will be issued without following existing procedures. Once, “house nos” are issued the panchayat can start collecting house tax is the logic behind the hurry. The rider, “house no.” does not make the structure legal, it is only for the purpose of collecting tax. So this means in every panchayat we will have legal houses with house nos and illegal houses nos. More confusion.

The story does not end there. There is another complication, cutoff date. Already there are two cut off dates being bandied around, one 28 Feb 2014 and another 2000. Structures built before the cutoff date will survive. The logic of these cut off dates is not important. It is some date that seems to have popped up in the decisions makers mind. I wonder why they do not just say all illegal structures constructed “as on date” will be regularised, that way even the new illegal structures will get regularised as they come up. After all the government has taken a policy decision and moreover why wait and lose house tax revenue.

The only opposition to this seemingly hare brained scheme seems to be coming from the leader of the opposition, he seems to believe that the only beneficiaries of this scheme will be non goans who are illegally occupying goan land. There is no doubt that this could be close to the truth.

Then why were the Baina structures demolished, surely they could have contributed to the house tax, and dilly dallying on the structures on Chicalim comunidade land. There does not seem to be a single direction that the government wants to take, it is either case to case basis or area to area. Another way of putting it is the government is deciding as per their whims and fancies of elected representatives. Not really the best method for deciding a policy.

The cumbersome procedures that other law abiding citizens follow to build their homes has two parts. One part relates to the ownership of land. The permissions can only be given if the land is owned by the applicant and if the land is designated for settlement. The other part is the construction has to follow a set of rules with respect to setbacks, heights area etc. What this decision will do is ensure no one follows the cumbersome procedures, they will build where they want and how they want and then wait for the simple procedure of regularisation.

Another signal that this scheme will send immediately across the country is that Goa is a soft State and they welcome everyone with the promise of providing free land and “house no”, this is in addition to ration card, electricity water etc. That is why Goa is called Paradise?????

The solution our dear leaders have worked out is flawed and definitely not in the interest of goans or Goa. Since this decision benefits a section of the vote bank, the only beneficiaries will be the political class which must be keeping an eye on the forthcoming elections in 2017 or earlier.

So, all efforts must be made by law abiding citizens to force the government to rethink this goan unfriendly scheme. The citizens must push the law makers to reconsider the cumbersome procedures of home building, they are already thinking on those lines with reference to construction licenses of builders under PM Modi's, ease of business mantra, surely they can do the same for the AMM ADMI and see that Ache Din spreads to law abiding and not law breaking citizens.

The Rule Of Law: Needed to curb illegalities (Part 2)

This first appeared in "The Goan Everyday"

My previous column which highlighted the fact that Goa was a migrants El Dorado because it is easy to set up a home or business on the roadside or in any open space. Most of those who read it agreed with me, one political activist asked “So what can be done”.

The easiest answer is NOTHING. If we do nothing then there is no immediate hassle. There will be no stepping on the political toes that have encouraged this phenomena for self serving ends. There would be no need to fight the system. The down side to doing nothing is frightening. The most important is that the Legal Goan will be out numbered and therefore out gunned in his own back yard.

What can be done? One thing is certain, there is no need to add any new laws or rules to address the situation. The existing laws rules are sufficient to tackle the situation with reference to illegal gaddas(businesses) or homes.

The recent demolition of illegal homes at Baina or the small hut set up between an electric transformer and a pole in the heart of Margao are examples of how the existing rules are available and potent if the authorities decide to take action. The question that begs an answer is what were the authorities doing? Did the 180 -200 homes come up over night? How did the residents get ration cards, electricity water connections over the years? While the residents lost their homes, because the land did not belong to them, were they staying free or did they have to pay all and sundry to avail of the facilities normally reserved for legitimate houses? Why is not a single person from any authority suspended for allowing this illegality to happen under their noses and for years?

The person who built the hut in the middle of Margao chose a wrong place, had he picked a spot say on the new unfinished Comba bypass road, no one would have objected and in a few years he would have got himself neighbours and a brand new slum would have developed. A few religious structures would have been added and voila it becomes more than legitimate. Indestructible if you wish. The residents would also adopt the person they feel has the best chance of ruling the area as their Patron Saint for more security once they get the all important voting card.

The Baina demolitions exposed another unhealthy trend. That of politicians and bureaucrats from the States where the effected people originated, descending on the area in support of illegal activity. Instead of building a STATE Bhavan only for visiting politicians or well heeled residents why cannot the Sate authorities buy land in Goa and build legitimate residences for its migrating residents if they are so concerned?

The Church weighed in too. But, church land or land belonging to a religious order has been given to a business house in order to prevent encroachment. Surely what is sauce for the goose should be sauce for the gander. The Church has vast properties, instead of selling it off to builders they can build low cost houses and give it to the poor so they do not have to live in illegal houses. Ofcourse the Chruch has a point, why only Baina, what about the other illegal structures all over the State, some very rich people also have built illegal structures on their property, should they not be demolished as they have violated the rules?

The best way to address this issue is two fold. 1) Do not allow any new illegal structure to come into play. 2) Systematically as done in the case of Baina, go after existing illegal structures.

Part one is easier said than done. Take the case of Baina and investigate carefully who gave permissions for electric connections to these homes. The Electricity Department has rules which have to be followed before releasing a new connection. Were they followed, if yes how could they have been followed? One needs a copy of a sale deed for example, what sale deed did these illegal houses provide? Similarly, these residents had ration cards and this implies they had house nos, issuing of house nos has its own procedure and rules, how did these residents complete the procedure. Surely the investigations will prove what is known, ie lapses in following procedure to issue the documents.

Once this is proved, the Officer who released the connection or ration card can be pinpointed and action can and should be taken against him. The moment this is done even in one case, the issue of fresh illegal ration cards and connections will stop. Today, no one is worried about any consequences of demolition except the effected resident who looses everything. If we go beyond demolitions and chase down the offending officials, there will be no new illegal structures.

The bottom line is follow the Rule of Law from today.

Tail piece: I know you are laughing and saying what about the politician, leave him alone. Once the bureaucrat decides to do the right thing, a politician can do nothing.

Illegal Gaddas and Homes: Ease of Migration (Part 1)

This First Appeared in "The Goan Everyday"

Europe is facing a crisis, and will have to figure out a solution sooner than later. The same solutions are required in Goa and no one appears to be thinking about it.

There is an argument that goans migrate all over the world and hence are in no position to complain. We do not hear on stories of Goans deported because the are living illegally anywhere. Nor do they create any nuisance by building shanties on other people's property or building illegal colonies, a la moti dongor with the help of local powers that be. Indians and now even foreigners have a right to settle in Goa under the existing laws and they should be welcomed if they make that choice. They must however follow the rules and respect those who live here.

The issue gets complicated because some people see migrants only as votes because they are a vulnerable class. They are in a new place and therefore easy to exploit. In addition, if they can be made permanently vulnerable so much the better. This is easily done by encouraging them to squat on land in different parts of a constituency and then holding the damocel's sword of demolition over them.

Goa draws many people because it promises a better life than that in most parts of India. The inflow comes from two avenues. The unregulated flow of people looking for work in the labour category, labour is required for mining, fishing, hotel and industrial activity. Two, the ability to easily set up a Gadda at any street corner without any fear of official action. Gaddas include pan, fruit, bhel etc

With goans showing aversion to jobs in the workmen/labour category due to the perception that wage is low, jobless youth from poorer parts of India have turned up to meet the demand. At the higher end, say officer level, the problem is not so bad as this category usually comes on a transfer so their housing etc is taken care of by the Company. Being from the middle or upper middle they are not potential vote bank material and hence not wooed by the powers that be.

These labourers usually live in areas where they work so Verna/ Sancoale for Verna Industrial Estate, or Zuari Nagar for Sancole industrial estate. In these areas, the locals have made it a business to rent out accommodation. Siting at home one can earn a tidy sum. Small (10 feet x 10 feet) rooms are rented out to as many as possible. These rooms usually do not have water, electricity or sanitation. The public at large therefore bears the social cost while it is the individual who rents that rakes in the moolah.

Given the easy money, these accommodations proliferate. They are usually illegal from planning point of view as they have no permissions or are built on encroached land. These structures which are rented out should be inspected by the authorities to ascertain their legality. If the structure is legal, then it should be checked to decide the number of people who can be accommodated in the room based on the infrastructure available, eg no of toilets, size of septic tank etc. The authorities should also ensure that every resident has a police clearance as required by the law.

When Goa was under Governor’s rule some years back the local people complained that the industrial estate was responsible for the problems that were plaguing the village viz: since there was no sanitation, the migrants were dirtying the fields and open spaces, there were instances of the local women running off and subsequently being duped and being abandoned in other parts of India. The industry body, felt that the locals were opening their doors to the outside labour on their own accord, as such industry was not responsible for the consequences. The local panchayat authorities had to act to prevent the encroachment, and illegal renting.

Move around anywhere in Goa and you will see gaddas mushrooming all over the place. The latest phenomena is every morning a vehicle drops a young man with a basket of fruit on the highway, the scene is repeated a kilometer ahead. The number per day depends on how many arrived. Go to the Margao market in the evening, 20-30 young men are selling fruit from baskets along the roads all over. Outside shops or restaurants, you will find a youth behind a small box, selling cigarettes and the banned gutka openly.

The local labour gets out priced because these workers stay in one room to reduce their costs, and since the labour rates in their own home town iare much lower they accept low wages. On the other hand the roadside sellers, pay no taxes, electricity bills etc and therefore out price the shopkeepers and effect their business.

In the interest of the law abiding locals, it would be imperative that the authorities stepped in and curbed this menace of illegal roadside business and rental services. It has to be done now or the problem will be too big to handle, the assumption here is that the problem is not so big yet.