Clearly after consistently disregarding the wishes of the Goan People,
Digu-Kaka and our corrupt Goa Government now finally have constituted
the Committee to “review” the anachronistic and obsolete Goa TCP Act,
1974 which is 34 years old and a bane for all the rot that it permits
to the detriment of Goa. However this seems to be mere hogwash! In the
first place this Act allows our corrupt Goa Government and their
various Government Departments and Officials to get away with mayhem,
massacre and literally the murder and destruction of Goa.
The membership of this Committee itself is flawed and justifying their
role is none other than that boor Chief Town Planner Morad Ahmad. In
his typical demeanour of feeding us with his backyard shenanigans he
defends the formation and agenda of this Committee by claiming that
"Framing a new act is difficult and there is no time frame". All he
plans on doing is ensuring that he and the corrupt TCP can continue to
hold their sway to do the biddings of their political masters while
giving the villagers the run-around along with the Directorate of
Panchayats. All of them are hand in glove to promote the interests of
vested parties like the real-estate, hotel, mining and business
lobbies etc.
Obviously there is no intention to take into account the wishes of the
Goan people as they have consistently expressing all these years.
Various groups have worked to spell out what development they want as
expressed through their village plans that they have drafted as
envisaged in the Eleventh and Twelfth Schedules to the Constitution of
India in the 73rd and 74th amendments. There is no provision for this
in the outdated, deficit and biased Goa TCP Act, 1974 which is more
than 36 years old and that has been amended already on three occasions
namely - in 1994, in February 2007 [to revoke the RP 2011] and in
March 2008 [to obviously provide a conevenient detour for the Goa
Government to force PPP projects like IT Parks, Health Parks, Food
Parks, Sports City and Cricket stadiums upon the people even when they
are not required].
There is obviously a hidden agenda to intentionally disregard the
wishes of the Goan people by not including representation from the
Village Level Committees and Gram Panchayats in this participatory
process but rather leave it to the Consultants appointed who can be
easily swayed or influenced to adopt what the Goa Government wishes to
hoist on the people.
While the notification states:
"The terms and reference of the Committee will be to review the Goa,
Daman and Diu Town & Country Planning Act, 1974 and making it in the
fitness of the present situation vis-à-vis other Rules, Laws, Acts,
etc. The Committee shall also suggest deletion of the irrelevant parts
which are not in the fitness of present day situation."
- Obviously there is no desire to draft a new TCP Bill to replace the
flawed and hugely deficit one that currently is in place.
-This outdated and biased TCP Act would be a mere band-aid or cosmetic
tool where there in need for some major revision and surgery to stem
the deceit, rot and chicanery that is taking place in Goa today under
this Act. The Goa Government clearly has no resolve to do so!
Attached below is the Government notification to constitute an
eight-member committee to review the Goa, Daman and Diu Town & Country
Planning Act, 1974.
Roger D'Souza
*************************************************************
Published in Government Official Gazette, Panaji, 15th July, 2010
(Ashada 24, 1932)
SERIES II No. 16
Department of Town & Country Planning
Order Ref. No. 36/1/Tcp/49/2010/2309
Government is pleased to constitute Committee consisting of following
members for the purpose of review of the Goa, Daman and Diu Town &
Country Planning Act, 1974.
1. Commissioner & Secretary (TCP) … Chairman.
2. Adv. Mahesh Sonak … Member.
3. Adv. Nitin Sardesai … Member.
4. Adv. Cleofato Countinho … Member.
5. Under Secretary (Drafting/ … Member.
/Law) Law Department
6. Ms. Patricia Pinto … Member.
7. Shri Shridhar Kamat … Member.
8. Shri James Mathew, … Member
Senior Town Planner Convenor.
The Members at Sr. No. 6 and 7 represent Civil Society as nominated by
the Government.
The terms and reference of the Committee will be to review the Goa,
Daman and Diu Town & Country Planning Act, 1974 and making it in the
fitness of the present situation vis-à-vis other Rules, Laws, Acts,
etc. The Committee shall also suggest deletion of the irrelevant parts
which are not in the fitness of present day situation.
By order and in the name of the Governor of Goa.
Morad Ahmad,
Chief Town Planner/ex officio Joint Secretary.
Panaji, 7th July, 2010.
*************************************************
Further below please see the report in the Times of India on this
warped and contentious attempt of the Goa Government to yet fool the
people of Goa.
Discontent over panel chosen to review TCP Act
TNN, Jul 16, 2010, 06.24am IST
PANAJI: After several amendments during the past three decades, the
Goa government has constituted an eight-member committee to review the
Goa, Daman and Diu Town & Country Planning Act, 1974. However, not
everyone is happy with the composition of the panel.
The committee is headed by commissioner and secretary (TCP) Rajiv
Yaduvanshi as its chairman, while senior town planner James Mathew is
the convenor. The other members comprise advocates Mahesh Sonak, Nitin
Sardesai, Cleofato Coutinho, former Panaji councillor Patricia Pinto,
Shridhar Kamat and the under secretary (drafting) of the law
department.
"Framing a new act is difficult and there is no time frame," TCP chief
town planner Morad Ahmed said.
While amendments have always been carried out, there is a need to
consider a review to suit the present day scenario, he added. "Many
things have come up now and there is a need for changes, while some
provisions cannot be easily implemented," Ahmed said. The availability
of satellite imagery is also a factor necessitating the framing of new
rules.
"The members at serial no 6 and 7 (Pinto and Kamat) represent civil
society as nominated by the government. The terms and reference of the
committee will be to review the Goa, Daman and Diu Town & Country
Planning Act, 1974, and make it in the fitness of the present
situation vis-a-vis other rules, laws, acts, etc. The committee shall
also suggest deletion of irrelevant parts which are not in the fitness
of the present day situation," an order issued by the government
states.
Goa Bachao Abhiyan (GBA), while holding a series of agitations over
the act and drafting of the Regional Plan 2021, had demanded that the
act should be in consonance with Article 243 ZD as amended by the 73rd
and 74th amendments to devolve powers to municipal bodies and
panchayats and district planning committees for the purpose of
participatory planning.
"The GBA had recently written to the chief minister asking that the
TCP Act be amended to incorporate provisions of the 73rd and 74th
amendments, which would ensure a bottom-up participatory planning,"
GBA convenor Sabina Martins said.
But while the government has amended the TCP Act (Sections 16 and 16A)
to allow projects through the back door, it has not incorporated the
73rd and 74th amendments sought by the people in Goa in formulating
the RP 2021. Martins declined to comment on the composition of the
review committee, but expressed the hope that it will stand firm in
ensuring what the government failed to do in terms of participatory
planning and revoking Sections 16 and 16A of the TCP Act
Another GBA member said the DPCs were constituted earlier this year,
but have to be recast following ZP elections, but expressed
dissatisfaction with the representation in the panel. Agreed another
architect, "Taking lawyers on board is a good sign, unless they defend
builders or have stakes in the building sector. The panel could still
be strengthened by including an architect, social engineer and
environmentalist. The committee needs people who would stand for the
environment and social engineering."
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