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 âMight is rightâ. It is rather the case
of âRight is Mightâ. 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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