Dears,
The text of the Memorandum submitted to the Director of Panchayats to stop the
ex parte "stay orders" given against the "Stop Work" orders of various
Additional Directors of Panchayat [with an in house APPELLATE AUTHORITY of
Director of Panchayats to fix one in RED TAPE while the Builder merrily
"develops" the real estate like the industrious ANT thinking the Goan villager
is a Sussegad GRASSHOPPER] against the very PANCHAYATS the Directorate of
Panchayats is supposed to help.
Ex parte orders are normally issued for matters of life and death or when the
other party is not contactible. There is no fire in the buildings being
constructed, most of them with multiple illegalities forceing Gram Sabha and
Panchayats to resolve against them, and ...... one believes that the Dirctor of
Panchayats would have a telephone directory of the 189 Panchayats in Goa. No
need for the Directorate to apply under RTI for a Government telephone
directory. It is available to Government officers FREE at the Department of
Information and Publicity. My friend, Nikhil Umakant Deasi is the current
Director of Information. I can help the Director of Panchayats in getting a
directory, if needed. The "Stay Orders" must go ....they have outlived their
welcome!
Mog asundi. Ekchar asundi. Ekvott vaddoni.
Miguel
PS
Please feel free to modify the text as per your village needs and petition the
Director of Panchayat or the Village Panchayat.
Buy a copy of the GOA PANCHAYAT RAJ ACT, 1994, from the Government Printing
Press,1st Floor near Azad maidan, Panaji [entrance opposite Souza Paul
photographers.]It is a great help if you have anything to do with a village.
Pity that the Goa Municipality Act is still stuck in the Goa Law Dept ...14
years after the 74th Amendment to the Constitution of India!
.......................................................................
Ganv Ghor Rakhonn Manch
House No. 1629/A, Vasvaddo, Benaulim, Salcete Goa.
Phone: 2771209 Email: [EMAIL PROTECTED]
GGRM/2008/01
23 June, 2008
Memorandum
The Ganv Ghor Rakhonn Manch, a Collective of Village-level movements in Goa to
protect the rights of the people to a clean environment and socially just
development of their villages, strongly protests the ex parte stay granted by
the Directorate of Panchayats, Government of Goa, to various Developers of
projects without affording even the Sarpanch or representative of the concerned
Village Panchayat an opportunity to be heard by the quasi-judicial officer of
the Directorate of Panchayats and state its say in the matter under appeal.
This is highly objectionable because the appeal is against a “Stop Work” order
issued by a duly elected Panchayat, after due application of mind and
resolution of the body based on a direction of the Gram Sabha that is binding
on the Panchayat as per the Goa Panchayat Raj Act, 1994 [Please see Chapter 2,
Section 6 subsection 4 of the said Act.]. This is all the more intriguing
because each of the Village Panchayats, of
which the “Stop Work” Order is under appeal by the “Developer”, functions
under the control and direction of the Directorate of Panchayat Administration
that is issuing ex parte stay orders against it.
Therefore, the Ganv Ghor Rakhonn Manch demands as under:
1. That officials of the Directorate of Panchayats [DPA], Government of
Goa, should not grant a stay on the operation of a STOP WORK Order or any other
order of any Village Panchayat without giving the Sarpanch or duly authorized
representative of the concerned Village Panchayat, an opportunity to be heard
on the matter and state his say.
2. That the operation of all ex parte Stay Orders of the Directorate of
Panchayats against the “Stop Work” orders of the Village Panchayats be vacated
or held in abeyance and intimated to the respective “Developers” by special
messenger or through the Village Panchayat concerned.
3. That the authority of the Village Panchayat, through its duly elected
Sarpanch, over the immovable property within the jurisdiction of the Panchayat
for specific functions as provided under the GPR Act, 1994, [GPR Act 1994]
after following the proper procedure as laid down under the said Act and rules
there under, be recognized and respected by the Directorate of Panchayats in
all matters concerning each village in Goa.
4. The right of the people of the village to raise specific questions on
construction in the immovable property in the respective village area under
Section 6 (1) of the GPR Act, 1994, be recognized and respected by the DPA.
5. That the action of the Village Panchayat as per Section 6 (4) of the
Goa Panchayat Raj Act, 1994, in pursuance to the Gram Sabha resolution be
recognized and respected by the DPA as mandated by the law.
sd/-
Convener GGRM
To,
The Director of Panchayats,
Government of Goa
3rd Floor, 3rd Lift,
Junta House, Panaji-Goa.
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