Goa RTI Forum writes to Goa Chief Secretary to remove illegal religious structure on road at Miramar beach near Panaji

Prakash Kamat

Panaji,September 7-The Goa RTI Forum is awaiting action from Goa government on a blatant unauthorised roadside religious construction next to Miramar beach,after it wrote to Chief Secretary, Government of Goa with copies to other authorities.

The letter drew the attention of the authorities towards the unauthorised /unlawful construction and expansion activities of the Saint Anthony’s shrine which are in progress on the road outside Miramar Beach, next to the Miramar Circle, which are in violation of Supreme Court Orders in earlier matters. (Supreme Court Order in Union Of India vs State Of Gujarat and others. on 31 January, 2018). Vide its Judgment / Order in related matter, the Hon. Supreme Court of India has banned all unauthorised,new and future construction of places of worship on public land and sought strict compliance of its order from the Union and State governments. Furthermore, State Governments have been directed to maintain strict vigil and ensure that new structures do not come up. From observing works going on at the said place where footings and columns can be seen being constructed, it is clear that works being carried out are not mere repairs but large expansions of the existing religious structure. (Photographs enclosed). 

They have said that such unlawful constructions / expansions will turn out to be a huge hindrance for implementation of future road-expansion plans and can also result into breach of peace and tranquillity on roadsides and in public places. 

The Supreme Court Order inter alia reads: "In pursuance of the order of this Court dated 29th September, 2009, by which this Court directed that henceforth no unauthorized construction shall be carried out or permitted in the name of Temple, Church, Mosque or Gurudwara etc. on public streets, public parks or other public places, the affidavits of all the States and the Union Territories, except the Stateof Uttarakhand, have been filed. All the States and the Union Territories have taken necessary steps to ensure that no further unauthorized construction shall take place and Court directions are seriously and meticulously complied with. 

The other part of the directions issued on 29th September, 2009, were that in respect of unauthorized construction of religious nature which has already taken place oon publicstreets, public parks or other public places, the State Governments and the Union Territories were directed to review the same on case to case basis and take appropriate steps as expeditiously as possible. We do not find comprehensive and satisfactory affidavits as far as  this direction of the order is concerned. Therefore, it has become imperative to direct all the States and the Union Territories to formulate comprehensive policy regarding the removal/relocation/ regularisation of the unauthorized construction within six weeks from today. 

The policy should clearly indicate within what period the States and the Union Territories are going to fully comply with its policy to remove / relocate / regularise the unauthorized construction."

When Goa is blessed with beautiful temples, churches and other places of religious worships, such unlawful religious structures on roads and in public places tarnish the fair name of religion and State GGovernmentsand its authorities must not permit this to happen. 

In view of the sensitivity and seriousness of the matter, you are furthermore requested to inspect all such new constructions that have come up, post Supreme Court Order and State Government policy, and to oorder the removal of all such structure. 

In light of the above, your office is requested to act appropriately and furthermore also requested to take steps to implement the other directives in the aforesaid Supreme Court Order, particularly to implement the policy passed by Goa government post the Supreme Court direction in regards to the removal/ relocation/ regularisation of the unauthorized existing constructions in a phased and time bound manner. 

In case no action is taken, we may be compelled to approach the Hon. High Court of Bombay at Goa for contempt over non-compliance.,the Forum has warned.(eom)