Dears,
   
  Section 6, sub-section 4 of the Goa Panchayat Raj Act, 1994 makes the 
resolutions of the Gram Sabha [that are not contrary to the Constitution of 
India] BINDING on the Village Panchayat.
   
  Thje right to give CONSTRUCTION LICENCE and/or OCCUPANCY CERTIFICATE is 
vested on the Sarpanch of the Village Panchayat bound by the Gram Sabha 
Resolution.
   
  If there is any law in force invalidating this, the law needs to be amended 
for the Constitution of India is supreme and any law that is ultra vires of the 
Constitution cannot survive judicial review.
   
  It is Constitution of India > Central Law/Act > State Law/Act > Rules> Order 
> Circular.
   
  Babu Azgaokar, who has not been able to get justice for the Goa Home Science 
College girls [one of whom is allegedly his daughter], who were reportedly 
molested on the train in Rajasthan a few months ago ...and who has traversed 
the path from Congress to BJP and back to Congress in less than a decade ... is 
hardly the person to be trusted to protect Goa's ethos. If money and position 
means more to him than the self respect of his own daughter, what can one say 
of this man? The tail piece of "Tomcat" in the Ashwin Tombat edited Herald may 
be good reference material in this context.
   
  Mog asundi.
   
  Miguel  

Pravin Sabnis <[EMAIL PROTECTED]> wrote:
              
    
  The 73rd Amendment to the Constitution was intended to be the culminating 
point of the evolutionary process of the decentralisation of democratic power. 
The Amendment has provisions which are of great significance that relate to 
socio- economic planning. These include preparation of development plans, 
implementation of development schemes, power to levy and collect taxes, 
constitution of State Finance Commissions to review financial position of 
Panchayats, delineation of subjects which call be assigned to the Panchayats 
and most importantly, the invalidating of any law in force which is 
inconsistent with the Amendment. 
  
  The State Government was expected to amend its laws to make them in harmony 
with the 73rd amendment. However, on the contrary the successive Governments of 
Goa have subverted both the letter and the spirit of the historic 73rd 
Amendment. And now the morally bankrupt politicians and their agents and 
advisors are crying foul when the villagers are exercising their fundamental 
right by proactively participating in the Gramsabhas.  They are increasingly 
rubbishing the legalities of the Gram Sabha resolutions.
  
  The undemocratic vested interests need to realize that what is happening at 
most Gramsabhas is not the case of “Might is right”. It is rather the case 
of “Right is Might”. When the political and administrative leadership 
actively encourages illegalities and immoralities, how can we fault the 
villagers for becoming belligerent and vigilant to the attacks on their land 
and livelihoods, culture and environment, villages and forests.
  
  Despite the huge movements against the Regional Plan and the SEZs, the 
intentions of land grab and violations are getting greater support from the 
powers that be. We must all join the solidarity of the Goans in the quest to 
salvage what remains in the wake of the brutalization of our motherland. And we 
must do everything that will compel our Government to validate the letter and 
the spirit of the 73rd Amendment.
  
  in solidarity
  Pravin
  

 
  ---- Pravin K. Sabnis 
  visit: www.unlearningunlimited.blogspot.com 
  www.poems-pravinsabnis.blogspot.com 
  www.monday-muse.blogspot.com
  www.amkanakasez.blogspot.com 
   
  




    
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