*Goa Bachao Abhiyan* C/o 77, Defence Colony, Alto Porvorim-Goa
[email protected] *13th October 2015* *To * *Chief Secretary,* *Secretariat, Porvorim - Goa.* *Sub: Action against unconstitutional clauses in the IPB Act and * *a new draft Bill that seeks to legalize illegal structures.* Ref: Letter inwarded 17th August warning of IPB Act transgressions Ref: Draft Bill "Regularisation of Unauthorized Structures and Encroachments Act, 2015". The IPB Act *( Ref. Extraordinary Gazette No.3, 16th September 2014.), *proposes unconstitutional enablers which are sweeping and unjust in their nature. They open doors for misuse by overriding the Regional Plan along with almost all other centrally mandated Acts, as well as in its attempt to keep certain citizens above the law. The GBA reiterates that the IPB policy can fit well into definitions of existing State Acts, especially the Regional Plan and does not need to override anything, least of all the jurisdiction of courts. *UNCONSTITUTIONAL PARAGRAPHS -* They are itemized below and need to be removed immediately. *1 - Overriding all centrally mandated State Acts with regard to land distribution, by-laws, policy and governance, which includes the Regional Plan. * *( Ref. Para 5(4), para 7(3), 31, 32.)* *2 - Protection of members, no courts have jurisdiction over suits filed with respect to IPB Act.* *( Ref. para 26, 28 )* Overriding constitutionally mandated Acts as well as keeping a group of citizens above the law is not acceptable, and your office is responsible to check such unconstitutional Acts from being legislated. These are clauses that come into effect during a national emergency. Shockingly, the new draft bill for *"Regularisation of Unauthorized Structures and Encroachments Act, 2015" *is another that seeks to repeat these clauses. We wish to officially bring this to your notice for action as Chief Secretary of State, and as evidence that we as a concerned group representing civil society has informed your office of the same before pursuing any other avenues. These clauses need to be removed with immediate effect from the IPB Act, as well as from any draft Bill that seeks to do the same. Reboni Saha - Secretary Goa Bachao Abhiyan
