The "Cidade Ordinance"

GOVERNMENT OF GOA
DEPARTMENT OF LAW AND JUDICIARY
LEGAL AFFAIRS DIVISION

NOTIFICATION
8/2/2009-LA


The Land Acquisition (Goa Amendment)Ordinance, 2009 (Ordinance No. 2 of 2009), which has been promulgated by the Governor of Goa on 28-2-2009, is hereby published for general information of the public.

Sharad G.Marathe.,
Joint Secretary (Law).
Porvorim,
2nd March, 2009.


THE LAND ACQUISITION (GOA AMENDMENT) ORDINANCE, 2009
(ORDINANCE NO 2 OF 2009)

Promulgated by the Governor of Goa in the sixtiethYear of the Republic of India

An Ordinance further to amend the Land Acquisition Act, 1894 (Central Act 1 of 1894), as in force in the State of Goa.


Whereas the Legislative Assembly of the State of Goa is not in Session and the Governor of Goa is satisfied that the circumstances exist which render it necessary for him to take immediate action.


N o w, therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Goa is pleased to promulgate the following Ordinance,namely


1. Short Title and commencement: (1) This Ordinance may be called the Land Acquisition (Goa Amendment) Ordinance, 2009.(2) It shall be deemed to have come into force with effect from 15-10-1964, unless any other specific date is indicated in the body of this Ordinance.


2. Amendment of section 41— In section 41 of the Land Acquisition Act, 1894 (Central Act 1 of 1894), as in force in the State of Goa, after clause (5), the following clauses, shall be inserted,namely.—


“(6) Notwithstanding anything contained in the judgment, decree or an order of any Court,Tribunal or any other authority, any development done or construction undertaken in pursuance of the agreement entered under this section between the Government and the Company on the basis of the statutory approvals like permissions granted by the Planning and Development Authority, Eco-Development Council, Goa Coastal Zone Management Authority, Municipal Council, Panchayat,including renewals and deviations thereof approved and regularized, and all permissions obtained by the company and all the buildings constructed by the Company and all the proceedings taken by the competent authorities to issue the license or permission for undertaking construction, shall be deemed to have been validly done and have always been undertaken in accordance with the said agreement.


(7) Notwithstanding anything contained in the judgment, decree, or order of any Court, Tribunal or any other Authority the appropriate Government shall be at liberty to modify the agreement executed under this section between the Government and the Company on mutually agreed terms in furtherance of the purpose for which the land was acquired, by publication of the modified agreement in the Official Gazette, and any such modifications made in the agreement,shall come into force from the date on which the original agreement with the Company was executed under this section and any action taken or things done under the modified agreement, shall for all purposes be deemed and to have always been done or taken in accordance with the original agreement.


(8) Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or any other authority, if in any agreement entered into between the Government and the Companythere be any clause prohibiting the Company to construct any buildings or structures in the acquired land, such clause shall stand deleted with retrospectives effect from 15-10-1964.


(9) No suit or other proceeding shall be instituted, maintained or continued in any Court or before any Tribunal or other authority for cancellation of such permission or for demolitionof buildings which were constructed after obtaining the permissions from the Statutory Authorities and have been validated under this section, or for questioning the validity of any action taken or things done or permission granted in pursuance of the original agreement as modified and no court shall enforce or recognized any decrees, judgment or orders declaring and such action taken or things done under the original agreement as modified, as invalid or unlawful”.


Place: Raj Bhavan, Dr.Shivinder Singh Sidhu,
Dona Paula. Governor of Goa.
Date: 28 February, 2009.

Bambolim Battlefield - II

This is a road (dug) to Gauns family home in Bambolim

Gauns house in Bambolim. This property is eyed by real estate sharks. First step is to cut off the access. So typically military style! Warfare on the residents over the traditional untarred road.

All his life Krishna Gauns walked on this road. And now real estate agents are forcing him to believe that there was never a traditional road here. You believe it or no!

Gauns has a cattle with him along with 8 member family of human beings. But Real Estate agents has robbed this family of dignity by digging their access to the main road.

Portion of the traditional road used by Gauns family. The family has demanded that those responsible for digging their road be arrested.

Small team of people offering solidarity to Gauns family on Saturday, 07 February 2009.

Here is another traditional well packed and ready to buried in Bambolim. Goa's traditional water bodies are under threat for sure but not just by miners and industry but also by these type of builders and real estate sharks.

Here you have constructions even on top of traditional drains.

Banyan tree in Bambolim facing threats from the Real estate incursions. Will it be cut down too?

This is a development (?) in place of the traditional road to Gauns family.

This is no drinking water well but one dangerous water hole on side of main road in Bambolim. This is a juncture from where traditional road to Gauns house passes by. And its dug this deep!

A sign board of destructive construction in Bambolim.

Inside traditional well of Gauns family in Bambolim. There used to be plenty of water in this well but due to the bore wells dug by real estate agents ground water is depleting here. Natural springs too are drying up and access is closed for public that used to go for bath annually after the annual salt water dip in Arabian Sea on Bambolim shores in April-May months. This is a well known practice in the State of Goa.

Gauns family in close proximity to that of the builders.

Construction of compound wall by real estate company right inside the traditional drain in Bambolim bordering Gauns property.

Real Estate - Goan by name and anti-Goan by deeds! Gauns family is Goan family. Of course the money has no state allegiance. So who cares for Goans any more? At least not the real estate parties as this is the case.

You are welcome to visit Gauns family. You will have to visit to belive what is happening. In case you think of coming just call Rahul Gauns at his cell number 9850816084.

Pravin Sabnis and Sebastian Rodrigues with support from Rahul Gauns

Police Complaint launched against the Director of Goan Real Estate

Gauns family yesterday night at 09.35 pm lodged police complaint against Mr. Pascoal Trinidade, Director of Goan Real Estate and Construction Pvt. Ltd for disrupting their traditional access road. Police from Agassaim police station visited the controversial site at 10.00 pm in the night in response to the complaint.

Then at 5.30 pm PI Karpe of Agassaim Police Station along with 5 other policemen came to the Bambolim disputed site. Officials and Staff members of the building firm including the Mr. Pascoal Trinidade, Director of Goan Real Estate and Construction Pvt. Ltd were also present on the occasion. After some discussions PI Karpe told Gauns family members that the builders has lots of money and police is impotent in front their money and political connections.

Mr. Pascoal Trinidade, Director of Goan Real Estate and Construction Pvt. Ltd told Gauns family in the presence Police team led by PI Karpe that Gauns family will not be able to stop Aldeia's intention to grab the land even if the Gauns family goes to the press and organises press conferences, for he does not care for the Press.

In the meanwhile Gawda Kunbi Velip and Dhangar Federation (GAKUVED) has extended the support to the Gauns family of Bambolim in their fight for the access to road to their dwelling house.

The details content of the police complaint filed last night is as follows:

From:

Rahul Gawas,
House No. 240/5,
Zhoribhat, Near Bambolim Beach Resort,
Bambolim, Goa.

Date: February 5, 2009

To,

The In-Charge,
Agassaim Police Station,
Agassaim,
Goa.

Sir,

Subject: Complaint for Digging and obstructing of my traditional access road by Goa Real Estate and Construction Pvt Ltd.

Today at 3.30 pm staff belonging to Goan Real Estate and Construction Pvt Ltd dug up road leading up to my house bearing house number 240/5 at Zoribhat, near Bambolim Beach Resort, Bambolim, Goa. The digging of traditional ancestral road leading to my house has caused grave situation as I and my family members are blocked from access to the main road.

Please register the FIR against the Director (Pascoal Trinidade) and other Staff of Goan Real Estate and Construction Pvt Ltd at Bambolim and intervene to open the access to my house urgently.

Thanking you,

Sincerely,
Sd/-
Rahul Gawas

Copy to:
1. Superintendent of Police, North Goa.
2. Director General of Police (DGP), Panjim

Thanks to Aldeia de Goa project Goan family's traditional acess blocked at Bambolim beach

One family in Bambolim, Goa was in rude shock today. The ancestral traditional access road to their house turned into pool water in survey number 101/1. At around 3.30 pm today two family members - Tulsidas Gauns and Rahul Gauns set out for Panjim. The next moment they got a call from their home that their road is dug. They now are facing the tough question as to how to get back into their House for the night. The question is there also for the family members inside the house as to how they are going to have access to the main road. The builder who dig this is the same one who has built high profile and controversial Aldeia de Goa project - Goan Real Estate and Constructions Pvt Ltd.

The family used the 17 meters stretch of road as is used by the 8 residents of house residing in House No. 240/5 located at Zoribhat, Near Bambolim Beach Resort, Bambolim. Survey number of their land is 102/4.

Eight family members who are the residents of this place for the past over 40 years and always used this traditional road includes Gonu Krishna Gauns (69 years), Laxmi Guno Gauns (65 years) and their family members.

Family earlier anticipating this situation had filed complaints with various authorities that includes the following:

1. To the Sarpanch of Curca, Bambolim Panchayat on 22/01/2009.
2. To The Aggasaim Police Station on 23/012009
3. To The deputy Town Planner, Town & Country Planning Department.
4. To The Mamlatdar of Tiswadi, Panjim.

The Contends of their complaints was as follows:

Mr. Guno Krishna Gauns,
Resident of House No. 240/5,
Zaribhat, Near Beach Resort,
Bambolim, Tiswadi, Goa

Sir/ Madam,

I, the undersigned Complainant, residing at above address do hereby lodge the following Comlaint as under:

1. That I am the owner in title and in possession of landed property bearing survey No. 102/4 of village Bambolim, Consisting there in of a residential house bearing village panchayt House No. 240/5.

2. That I and my family members are in continuous and uninterrupted use of a traditional access passing through a property 101/1 and 101/3 of village Bmabolim since time immemorial.

3. That the said access is 3 (three) meter wide and about 100 (One hundred) meter in length from the edge of my property which is clearly shown in the site plan annexed hereto.

4. That the said Access is being in use for the last more than hundred years.

5. That the worker working for the Goan Real Estate construction Private Ltd had dug a pit/ ditch thereby blocking our Traditional Access.

6. That I have orally requested site engineer and worker working for the Goan Real Estate Construction Private Ltd, not to block the said access but offer non heed to the same.

7. That if the aforesaid acts not stop then myself and my family members will be deprived of their right to use the said access, which is only access to use to go to the main road.

8. That therefore, kind attention is invited in order to stop and restore the said access to its original condition.

Awaiting your quick action and for this kindness the Complainant shall ever pray.

Yours truly,
Sd/-
(Guno Krishna Gauns)

You may contact the family member Rahul Gauns at his mobile number 9850816084 to offer your support.

FROM THE BAMBOLIM BATTLEFIELD - 1

Goa may be flooded. In some parts, a few families might have been thrown off guard with the gushing rains.

But not the massive ecological destruction taking place at Bambolim Beach.

Past few weeks have witnessed cutting down of large number of trees including five thousand coconut trees.


Modus operandi is simple: cut the trees and load it straight it on the trucks and carry it far off. To block the public view of this rape, a five meters tall tarpaulin is used to fence of the land.

Private security personnel constantly clash with the local villagers including violent confrontations.


The party is the same one that promises Paradise and heaven in nearby Nauxi village to filthy rich from the rest of India, and locals are subjected to goonda pressure every time they speak out.

Goons are brought in hundreds, some times. Even the former central minister's names are linked to this.

In Bambolim, nexus between power centres of the Goa State and beyond is clear. Police team visits the site twice a day to supervise the ecological disasters. Drinking well is threatened, beautiful pond is buried, plain lands are dug for underground, hills are mercilessly cut down. State administrative machinery, legislature, politicians, police, judiciary, have all been actively siding with the brutal rape of nature and its people's life and livelihood.

The questions arise as to what is going be the fate of Goa's nature and its people?

In the face of failure of the State to defend who is going to stand in defence?

These questions bothers us a lot.

Tell us what you feel and think about this.