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.