Gram sabhas only advisory groups: CM - ToI

Only panchayats can issue licences: CM April 13, 2013 Asserts gram sabhas, TCP have no role in decision-making TEAM HERALD PANJIM: Only panchayat bodies have power to issue or revoke construction licences, and gram sabhas have no legal powers to direct panchayat bodies in this matter, since they are recommendatory fora, Chief Minister Manohar Parrikar told the House Friday. Gram sabhas are a watchdog, and just a recommendatory body, Parrikar said adding that the Town and Country Planning Department also had no say on the issue, as they are authorities meant for issuing technical clearances. “All the power lies with village panchayats (bodies). As per TCP Act they are the statutory authority for issuing NOCs for construction. They also have powers to revoke NOCs but with certain restrictions and not arbitrarily,” Parrikar explained, while replying to Congress MLA Vishwajit Rane during Question Hour, since the latter raised doubts over the advisory issued by TCP which did not specify the exact role and functions of panchayats and gram sabhas vis-a-vis the planning process. Vishwajit demanded a fresh advisory overriding the existing one, which was issued on February 5, 2013 to which Parrikar, who is also Minister for TCP, agreed. Stressing on the advisory, Parrikar said ‘government has been very clear, that Gram Sabha has no role to play in decision making process on licences. Being a recommending body, it can only recommend to panchayats. It is up to the panchayat whether to respect the recommendations of gram sabha or not’. “If panchayat does not accept the recommendation, then gram sabha is free to approach the High Court or Supreme Court,” he said adding ‘gram sabhas need to act as a pressure group on the panchayats on issues pertaining to the development of the area’. Chief Minister also clarified that TCP will never interfere in the powers of panchayat on whether to grant permissions or not. Independent MLA Vijai Sardessai while participating in the discussion asked Parrikar to specify the functions of both the bodies. He also said that TCP advisory is ultra virus. To this, Parrikar said that anyone is free to approach High Court if the advisory appears ultra virus and get it quashed. Pointing to the involvement of panchayats in making of Regional Plan 2012, Parrikar said that the plan would be kept for referendum from village panchayats wherein the entire village will have to vote and decide what kind of development is required for them. Parrikar assured a meeting of all MLAs on RP before the plan is kept open for public feedback in June. http://www.heraldgoa.in/News/Main%20Page%20News/Only-panchayats-can-issue-licences-CM/73154.html Gram sabhas only advisory groups: CM TNN | Apr 13, 2013, 05.26 AM IST PORVORIM: While village panchayats have powers to grant or revoke licenses for projects, gram sabhas do not have these powers and can only perform the role of watchdogs or advisory groups whose recommendations are not legally binding on panchayats, chief minister Manohar Parrikar said in the Goa legislative assembly on Friday. Responding to a starred question by Valpoi Congress MLA Vishwajit Rane, Parrikar said the town and country planning department (TCP) does not issue licenses to projects in villages but only issues "technical clearances". He reiterated that panchayats can withhold licenses to projects even after TCP has issued the "technical clearances". Speaking further, Parrikar cited a legal opinion obtained by the government to stress that gram sabhas can only act as a pressure group and make recommendations to the panchayat but have no legal powers to direct panchayats to issue or revoke licenses. "Village panchayats should respect the gram sabhas whenever possible," Parrikar said, adding that panchayats can only revoke licenses to projects "by following due process of law". The chief minister said the government will open up the regional plan 2021 for suggestions in June 2013, at which time, he will hold a meeting of all MLAs and give them almost half a day to air their views. http://timesofindia.indiatimes.com/city/goa/Gram-sabhas-only-advisory-groups-CM/articleshow/19522446.cms Govt to pass law giving panchayats clarity on authority over projects Published on: April 13, 2013 - 01:57 More in: Goa News Story Summary: Stating that department of town and country planning will never interfere in the... PANAJI: Stating that department of town and country planning will never interfere in the powers of the village panchayats to issue licences to the village projects, the Chief Minister, Mr Manohar Parrikar on Friday assured the state legislative assembly that the government will bring the necessary amendments to the Town and Country Planning Act, so as to end all problems existing in the administrative transactions between the department and the village panchayats. Replying to a related question from the Congress legislator, Mr Vishwajit Rane, the Chief Minister said that the department of town and country planning does not give licences to any of the village projects including constructions, and the same is the prerogative of the village panchayats. “The role of the department of town and country planning is restricted to issuing technical clearances for such projects,” he added, pointing out that the village panchayats should respect the gram sabhas. Speaking further, the Chief Minister said that the government has issued an advisory to all the village panchayats in the state, maintaining that panchayats are within their power to decide the licences and by following the law, these licences could also be cancelled. “However, although any village panchayat can revoke its licences, such a decision has some restrictions and cannot be arbitrary,” he noted, maintaining that the village panchayat has to come out with the details about the violation of law from an individual or a company before cancelling licences given to them. The Chief Minister also said that, “The advisory further states that the gram sabhas have no legal powers to direct the panchayats not to issue licences or cancel the same.” “The panchayat members are the representatives of the people and the village panchayats have the executive powers,” he said, mentioning that the government can re-issue this advisory, if the same is not clear to the village panchayats.” The House was also informed that when the Regional Plan 2021 will be opened in June 2013, the government will give an option to the village panchayats as to what development would they seek for their respective villages. “If any village panchayat wants to change then, the people would have to vote from it,” the Chief Minister said, adding that there will be a provision in the Regional Plan 2021 that the village panchayats can decide their development under defined parameters. Mr Parrikar also quipped that if the gram sabhas start deciding on the licences or their cancellations then there would be no need for the village panchayats. He said that the gram sabhas form pressure groups on village panchayats to ensure that no decisions are taken by the village panchayats against the interest of the villages. http://www.navhindtimes.in/goa-news/govt-pass-law-giving-panchayats-clarity-authority-over-projects