democracy can't work until the three arms of the Constitution- judiciary, legislature and executive-- work together in protecting democracy

PANJIM: Drawing the attention of those who are obliged to make laws to prevent illegalities, the High Court observed that with the administration not discharging its duties, it is the Court which is called upon by the citizens to direct the authorities to stop illegalities.

Making it clear that democracy can't work until the three arms of the Constitution- judiciary, legislature and executive-- work together in protecting democracy, the Division bench of Justice FI Rebello and Justice NA Britto observed that the Court can't substitute itself for the executives but can only express its unhappiness with such happenings.


The Division bench made these observations while disposing off a public interest litigation on illegal shacks on Calangute beach stated that though in this matter there has been compliance, the recurrence of illegal constructions and illegalities in the state is so rampant that it is high time that the executives takes steps to enact laws to prevent such illegal actions, either on public land or coastal belt.



The Court had converted a letter petition by Francisco Fernandes into a PIL. The petition addresses the issue of setting up illegal shacks hardly 50 mts away from water level. It also addresses the issue of non-performance of statutory duties on the part of certain authorities in allowing the same to be erected and/or allowing them to continue throughout the year, in violation of the permissions granted that they should be erected from October to mid-June every year. The petitioner also complained of environmental degradation of burning waste or garbage and/ or burning the same by shack owners.