Tuesday, June 24, 2008

text of GGRM memorandum

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 bythe Directorate of Panchayats, Government of Goa, to various Developers ofprojects without affording even the Sarpanch or representative of the concerned Village Panchayat an opportunity to be heard by the quasi-judicial officer ofthe 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 resolutionof the body based on a direction of the Gram Sabha that is binding on thePanchayat as per the Goa Panchayat Raj Act, 1994 [Please see Chapter 2, Section6 subsection 4 of the said Act.].
This is all the more intriguing because eachof the Village Panchayats, ofwhich the Stop Work Order is under appeal by the Developer, functions under the control and direction of the Directorate of PanchayatAdministration 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 bevacated or held in abeyance and intimated to the respective Developers byspecial messenger or through the Village Panchayat concerned.
3. That the authority of the Village Panchayat, through its duly electedSarpanch, over the immovable property within the jurisdiction of the Panchayatfor 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 thereunder, 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 GoaPanchayat 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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