Chichinim oppose market complex in agricultural land

“After studying the SGPDA Market Complex at Margao, which is stinking due to organic waste, plastic and other garbage thrown in the surrounding fields and properties, and after studying the Garbage thrown in low lying areas during filling at Margao and Navelim l, we recommend that the Chinchinim Market complex cum Panchayat Ghar be relocated to the existing CRC football Ground, so at to save our Chinchinim Cemetery, Church, School and prime paddy fields”, states Mr Frank Martins, President of Chinchinim Citizens Committee.

The President of the Union of Chinchinim Villagers, Mr Joe .M. Furtado also states that Chinchinim, which is the birth place of many football players, deserves Stadium cum Market Complex with other infrastructure near CRC football ground since it is centrally located and will not disturb the environment in any way.

Mr Jerry Fernandes, Ex - Dempo Sports Club football player, is also of the above opinion and states that the present part filling which has taken place should be turned into a beautiful garden for senior citizen and children as a due respect to all our departed.

Mr Delano Da Costa, Vice-President of Chinchinim Citizens Committee and member of Goenchea Xetkarancho Ekvott, also in favour of relocation of Market Complex, and states that due to Global warming our top priority should be to save the prime cultivated paddy fields, endangered species of frogs, turtles and other Flora & Fauna, as well as our forests. The Departments of Water Resources, Environment, Forests and Town & Country Planning should have guided the Government not to construct the Market complex in paddy fields. “During this environmental and economic crisis, the policy of self-praise through laying of foundation stones on one's own birthday, should be stopped”, he has further pointed out.

The unfortunate farmers who are struggling in sun and rain to cultivate paddy fields are yet to be recognized, since the National Farmers Policy 2007 is not implemented by the present selfish Government, inspite of repeated requests. The politicians and bureaucrats are again requested to implement correct policies, before it is too late for Goa.

Discontent over panel chosen to review Goa's deficit and disingenuous TCP Act‏

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."

At home in Goa

http://www.hindustantimes.com/At-home-in-Goa/Article1-547294.aspx

The summer holidays are here and it’s time once again for a bit of frolicking on palm-fringed beaches. Unfortunately, I have, as usual, put off planning for the vacation till the last moment and now have no option but to go to Goa.

My usual procedure in Goa is to make a mandatory tour of the north and south Goa tourist hotspots and then settle down for some serious gorging and swilling, interspersed with periodic bouts of hard jostling at overcrowded beaches. After all you need to get your money’s worth and it simply wouldn’t do if Mr Sharma of flat 14 C enjoyed himself more than I did.

Thankfully, though, times have changed and I’ve been told that a trip to Goa these days offers a completely different itinerary. Here it is:

Day 1: Visit to the Russian mafia. This is a great opportunity to meet the dreaded Russian mafia right on our doorstep. You will be introduced to their great gang leaders Vladimir Ilyich and Josef Vissarionovich. Warning: Do not carry cash, credit cards or jewellery. Tour operators will provide full security, including bullet-proof vehicle, flak jackets, helmets and security guards with AK-47s. If you desire the experience, however, the Mafia will arrange to kidnap you, on payment of a small fee, so that you could write a short story on ‘I was a hostage of the Russian Mafia’.

Day 2: Visit to the mining mafia. This tour will take you to the hills of Goa, or what remains of them. Do not worry about the dust and the foul air, your operator will provide you with gas masks at no extra charge. You will be taken to the river near the camp, where you can see the amazing sight of the water turning red. You can then experience the thrill of travelling in one of the trucks carrying ore to an artificial mountain made entirely from waste ejected from the mine. You could climb the waste mountain and plant a flag at the top. Or alternatively, you could ski down it. The possibilities are endless.

Day 3: Visit to a restaurant off-limits to Indians. Those with a historical bent of mind wanting to sample conditions that existed during the British Raj will be taken to one of the several areas where Indian tourists are not welcome. Refugees from South Africa pining for the return of apartheid and masochists are welcome. Later on, a night tour of the beaches is perfect for those in search of material for writing crime novels.

Day 4: While the fish in Goa’s rivers may be dying, one particular species is flourishing — the land shark. This trip will take you to some of the biggest of them. Visitors are advised to wave their cheque books and discuss land prices when in the presence of land sharks. That makes them rise to the bait. But remember they are dangerous, apart from being related to the big fish in Panaji.

Day 5: Visit to the jungle. No, we do not mean the forests that used to cover so much of Goa, but to the concrete jungle. If tourists are lucky, they will be able to see real forests being cut down to make way for the concrete jungle or for mines. Who knows, you might even get to see an entire hill being levelled to make way for concrete blocks. Land sharks roam freely in the new jungle.

Best of all, all these familiar things will make you feel completely at home.

Manas Chakravarty is Consulting Editor, Mint

Can all Goans be treated like DLF please?

This article was published in the Herald, Goa, in two parts, in the past week and circulated on Goanet mailing list on January 9, 2010.

By Claude Alvares
goafoundation@gmail.com

The latest offering of Goa's landscape for sale is
on billboards in Delhi. DLF is promising a piece of
paradise "with a view of the sea" for an
excruciatingly stiff price of Rs54 lakh (over the
table). Originally, the proposal was for 580 flats
on a plot of land in Dabolim village. Now, it has
grown to 700 flats, a clubhouse, guest rooms and a
sewage plant that hangs precariously between future
DLF residents and the Goan residents settled
peacefully below the site for decades.

The problem is that the project is to be located on the
graveyard of a dense forest on steep slopes, because that
kind of natural asset is all that Goa in fact has left for
such speculative housing. The project is not intended to meet
the needs of Goans for a house. They simply do not have that
kind of money.

The project has the careless sanction of the Ministry for
Environment and Forests (MoEF), the Chief Town Planner of the
Goa Government, the Mormugao Planning and Development
Authority (MPDA) and the Village Panchayat of Chicalim, in
whose jurisdiction it is located.

Surprisingly, all these permissions have come without hassle
in a state that forbids construction on slopes (due to the
inherent instability of laterite) and which is restrained by
the Supreme Court's orders from activity in forested areas.

The manner in which the approvals have been
obtained is a good lesson in how the rich and
powerful manage to take all authorities for a ride,
especially when the authorities want to be taken
for a ride. The story so far:

Anand Bose, Somnath Zuarkar's son-in-law, gets Vithal and
Indira Naik, a couple who own Survey No: 43/1 of Dabolim
village, to authorise him to develop the plot of 1,02,000 sq
metres and sell it on their behalf. Bose settles the four
'mundcars' on the plot, partitioning off their plots --
totally around 8,400 sq metres -- from the main plot.

Meanwhile, the government under the sweet influence of
developers, has issued an order exempting certain classes of
land from a conversion sanad if they can prove that there was
a structure on the plot when the last survey was conducted in
1971. Though the mundcars' houses and plots have been
partitioned off, Bose files for an exemption from conversion
on their account on January 29, 2007.

The following day, with impressive speed, Levinson Martins
grants the exemption based on a certificate (spurious) issued
by the MPDA, that the entire survey is settlement zone. The
exemption saves the Naiks, Bose and the next developers,
Saravati, approximately Rs 25 lakh or Rs 2.5 million (the
government eventually loses more than a crore or ten million
rupees in conversion charges like this).

Barely a month later, Bose resells 77,300 sq metres
of the plot to Saravati Developers and
Constructions for Rs 29 crore (Rs 290 million).

In view of these astronomical sums, the saving of Rs 25 lakh
on conversion charges is small change for the developers. The
actual saving is in the circumvention of several orders of
the High Court and the Supreme Court that (a) do not allow
construction on slopes above 25 per cent gradient and (b) do
not permit activity in forested plots. Since the High Court
has ordered that no conversion sanad will be issued without
the file going to the Forest Department first, the solution
is to bypass the need to go for a sanad in the first place.

Mission accomplished!

In the meanwhile, Anand Bose is able to procure permissions
from the MPDA and from the Village Panchayat of Chicalim
without any problem, even though the area is forested and
proposed on slopes above 25 per cent gradient.

If MPDA could do the same for ordinary Goans, we would find
it the most efficient of planning authorities. But it never
does. Take a look at the dates and marvel at the speed at
which MPDA can work for its chosen ones:

* Anand Bose applies for a provisional NOC for subdivision of
the plot of 94,370 metres to the MPDA on January 23, 2007.
The MPDA issues the NOC on February 9, 2007.

* He files an application for the same to the Village
Panchayat on January 24, 2007. The Panchayat passes a
resolution on January 25, 2007 and issues the NOC on January
30, 2007.

* The Panchayat receives the application for final NOC on
March 8, 2007, passes a resolution on the same day and issues
the order on March 12, 2007.

* Anand Bose applies for construction licenses on September
27, 2007, the panchayat passes the resolution on October 1,
2007 and issues the licenses on October 3, 2007.

So why is everyone complaining that applications to
planning authorities and village panchayats
sometimes take two years, together with a lot of
visiting of offices and harassment? The case of
Anand Bose indicates the complete contrary.

After his sale of 77,300 sq metres to Saravati for Rs 29
crore (Rs 290 million), Anand Bose transfers all the
permissions and NOCs he has obtained to Saravati Developers.

Saravati now has 77,300 sq metres, whereas the earlier
permissions are for the plot of 94,000 sq metres. So Saravati
asks the MPDA to amalgamate the plots and grant a fresh
subdivision. MPDA receives their application on August 28,
2008 and grants the provisional NOC for the new subdivision
on the same day. Wow!

On September 1, 2008, Saravati applies for final NOC for
subdivision and simultaneously submits development plans for
580 residential units, with a 35-room club house and other
facilities. The Panchayat forwards the new proposal to the
MPDA on September 15, 2008.

The proposal comes up before the MPDA in November 2008, even
though it is not on the agenda, under 'Any Other Business',
after the Deputy Speaker (who posed recently for the media
with a free garbage compactor given by DLF to Chicalim
village) asks to know why the file has not been put up for
approval of the Authority. Victoria Fernandes is chairperson.

She says the project is categorised as a mega housing
project. The MPDA cannot, therefore, discuss the matter
without a site inspection to verify its infrastructure and
other requirements. The matter is deferred for a site
inspection. This decision is not communicated by MPDA Member
Secretary R K Pandita to Saravati, knowing full well that the
latter can file an appeal for deemed approval on expiry of
three months. On January 13, 2009, Saravati takes the matter
out of the MPDA and files an appeal before the Town and
Country Planning Board (TCP).

The Board takes up the matter on Februrary 11,
2009, but Pandita does not attend on grounds that
he is not feeling well. The Board defers the matter
and then conveniently meets several months later.
Saravati claims it now has deemed approval, since
the Board too has not taken a decision in three
months.

First, Saravati did not pay conversion charges. Now, it gets
by without paying development charges. When an RTI request is
posed in respect of whether development charges have been
paid, MPDA says in writing it has no knowledge. This is a
fine example of a welfare state, where the poor pay taxes and
the rich are waived land conversion and development charges.

Saravati now demands that the Panchayat grant it construction
licenses. The Panchayat decides that the Gram Sabha must look
into the project. A few days later, on August 17, 2009, the
Panchayat reverses its stand and issues the licenses.

Let me quote the reason set out in the Panchayat's
construction license and you will hope that this
happens to you as well one day: "As regards to the
approval to be obtained from MPDA, Vasco, which is
further deemed to be approved under Section 44 of
the Town and Country Planning Act which further
deemed to be approved by the Planning Board
constituted further it is deemed to be approved
under Section 45 of the Town and Country Planning
Act by the Planning Board constituted under the Law
& on the basis of legal opinion obtained & given by
Adv. Zeller C de Souza is considered by the
Panchayat vide resolution dated 9.7.2009."

So, a Rs 130-crore (Rs 1300 million) project for the rich of
Delhi gets by with two deeming approvals.

You may say this is predictable behaviour from authorities
towards a well-heeled developer who knows how to smoothen the
flow of his applications and get his permissions. But what of
the Government of India? Doesn't the project require
environment clearance?

It does. But as we shall see, there's no problem here as
well!

In April 2008, Saravati files an application for
environment clearance (EC) with the Ministry of
Environment & Forests (MoEF). As per procedure, the
proposal goes in June to the Expert Appraisal
Committee (EAC). Among the issues raised by the EAC
is a demand for a contour map that would indicate
slopes. There is also a query raised about how a
residential project can have 36 guest rooms. The
project proponent is asked to get a clearance from
the Central Ground Water Board. The EAC minutes of
the meeting record a conclusion that environment
clearance is not recommended for the present.

The file comes back to the EAC three months later in October
2008. This time, the EAC simply abandons its earlier queries
and instead lists a new set of queries that are far more
innocuous. Gone is the need to produce data on slope contours
or an NOC from the Central Ground Water Board. Instead,
considerations like "dead-ends of roads within the plot
having proper roundabouts" and "treated water being used to
flush toilets" are the points upon which the EAC decides the
project will now be cleared.

In a short while, the project proponent submits the
relevant details and, in December 2008 the EAC, now
assured that "all queries are answered", recommends
environment clearance with a "silver" grading to
boot. The environment clearance is issued by the
Ministry of Environment on February 2, 2009. The
two most important environmental impact issues of
the Saravati/DLF project -- construction on steep
slopes and forest -- are both immaculately kept out
of the committee's deliberations.

It needs to be noted here that the effective functioning of
the EAC depends to a great extent on the integrity of its
member secretary. The EAC meets every two months. Each time
the committee meets, dozens of projects are placed before it
for approval. The minutes run into several pages. All members
never attend all meetings. In the circumstances, earlier
minutes are not closely re-examined, nor are salient features
of earlier recommendations recalled. The member-secretary who
prepares the agenda notes and writes the minutes -- and who
is eminently approachable for Delhi developers -- can, with
little difficulty, take the "expert" committee into whichever
hole it wants.

But can the EAC itself be absolved of blame even in such
circumstances?

Hardly. The location of every plot in the country is
available on Survey of India topo sheets. If an EAC is not
able to access such easily available data, this must reflect
on the competence of its experts. Faced with the fact that
the plot had slopes above 25 per cent gradient, there was no
chance of approval. For, in 2000, the Ministry had accepted
in toto the report of the Committee on "Identifying
Parameters for Designating Ecologically Sensitive Areas in
India" headed by Adviser to the Planning Commission of India
Pronab Sen, which recommended no clearance for development in
such terrain. There are also now High Court orders to the
same effect.

Similarly with forested areas; even school kids
know how to get Google Earth pictures for any plot
in the country. The resolution is so good that
foresters claim they can distinguish even
individual species of trees on the ground. The
Google Earth picture of the site under discussion
shows it having dense vegetation. A single site
visit would also have confirmed that the area is
thickly forested. But the EAC never visits a site;
nor does it show any inclination to have facts
independently verified. It seems like nothing can
be done when we are dealing with people who want to
shut their eyes or, worse, are simply willing to
have the wool pulled over their eyes.

In October 2008, the state government's Task Force on
planning for Goa for the year 2021 demarcated the
Saravati/DLF site as a 'no-development' zone on the grounds
of its impermissible gradient (more than 25 per cent). The
Task Force is headed by the Chief Minister. Its de facto
chairman is the internationally famous architect Charles
Correa, and assisting him is former Chief Town Planner of the
Government of India Edgar Ribeiro. They relied on Survey of
India topo sheets. On this count alone, the Goa government
could not have recommended the project for environment clearance.

However, under the EIA Notification of 2006, anyone can apply
directly to the MoEF for environment clearance, bypassing the
state government. Ever since the Ministry disembowelled the
entire procedure and turned it into a set of empty
formalities to be speedily gone through -- data or no data --
environment clearance has become easier to get than a
driver's learning license. In fact, you don't even have to
submit a photograph of yourself!

Once you have it in your pocket, all other clearances come
automatically. The environment clearance is granted within a
maximum period of six months. For housing projects, there is
not even the courtesy of a public hearing. There is,
therefore, no scope for any inputs from the state government
or from the public. The applicant can fib and get away with
whatever it wants an extremely gullible EAC to believe.

The environment clearance becomes a label trademarked by the
Ministry for officially sponsored forest and hill
destruction. That the issue of environment clearances has
ruined the reputation of the Ministry is already common
knowledge. The Prime Minister himself -- as Cabinet Minister
of Environment -- acknowledged before the States' Environment
Ministers' conference in August 2009 that ECs had become a
source of corruption.

It is most unfortunate that the new Minister of State for
Environment -- who is trying hard to dispel the notion that
the Ministry is a red light area -- has not succeeded in
introducing any changes in this most important section of the
department, which has actually pioneered the ecological
destruction of the country through its atrocious clearances.

In the short space of two years, the MoEF has
issued environment clearances for over 150 mines in
Goa, cumulatively involving the excavation, dumping
and extraction of some 120 million tonnes of mud
and ore annually, sanctioning unparalleled
destruction of Goa's interior, forested areas.
Environment clearances are being granted now to
airports, more mines, four lane highways, bridges,
sea bridges, mega housing -- all in a tiny state
that is not more than 3,200 sq km in area.

In an unprecedented move, Goa Environment Minister Aleixo
Sequeira wrote to Union Minister of State for Environment and
Forests Jairam Ramesh, officially protesting the policy of
granting such clearances without even the knowledge or
consent of the state authorities and mostly on the basis of
false or deficient environment impact assessments (EIAs).

Can Goa's environment survive this onslaught?
Hardly. The coastal parts of Goa already look as if
they have been battered by a typhoon of concrete
and garbage. Thanks to unrelenting mining, the
interior areas look like the surface of the moon.
The MoEF, in the meanwhile, is considering
environment clearances for eight more five star
hotels in Goa (all owned by Delhi businessmen) and
even more group housing projects for sale to
speculators. It appears it will cease its efforts
only when the last tree and the last blade of grass
in Goa is overrun, climate change and sea-level
rise notwithstanding.

[Dr Claude Alvares is a prominent environmentalist, founder
of the Goa Foundation, and the author of 'Homo Faber:
Technology and Culture in India, China and the West: 1500 to
the Present Day, Allied, Bombay 1979. More of his writings
here http://www.typewriterguerilla.com/ ]

On how real estate is snatching land from Goa's tribal people

The following deposition was made at the People's Tribunal organised by Gawda, Kunbi, Velip and Dhangar Federation and headed by Justice Hosbet Suresh, a retired judge from Bombay High Court. Tribunal was held on May 30-31, 2009 in Panaji.

Pandurang Rama Kukalkar, Chimbel, Tiswadi:

In Goa all the 11 talukas has plateau land. All of them are not of rocky areas by places of greenery. In Tiswadi taluka too there is plateau known as Kadamba plateau. I is located at the distance of six kilometers from Panjim. All this land is in possession of ST community. In other parts of Goa too plateaus lands are in possession of Gawda community. Other prominent examples are Plateau in Betul in South Goa’s Quepem taluka that is also in possession of Gawda community.

This plateau has 2 crore square meters of land. Out of which Pandurang Kukalkar currently is in possession of 13 lakh square meters of land covering survey numbers 28, 30 and 31. The possession has been passed on from his grandfather to his father and now to himself.

Earlier his grandfather invited his relative to look after the land as it was too big for him alone. Its owners are Shantabai Kamat and Sharadchandra Navelkar. Kukalkar’s family used to give 15 tons of cashew nuts to landlord as Khand plus 5 trucks of firewood.

Their relative developed desire for this land and land to look after got divided unofficially. Relatives of landlord too developed desire for this land and officially land was partitioned into three parts. Further Navelkar’s share of land was further partitioned into three.

In 1971 during the first survey in Liberated Goa, Kukalkar’s relative tried to include his name into the official land records. He was assaulted by goons from Taleigao village brought on Kadamba Plateau for attempting this. After this experience of relative Pandurang Kukalkar’s father Rama Kukalkar warned Pandurand Kukalkar not to attempt to include his name into the official land records for fear of threat to life.

Kukalkar’s relative who attempted to get his name in official records was driven out of Kadamba Plateau by the landlords and the responsibility to look after this land was bestowed upon Pandurang Kukalkar. Thus more land came in possession of Pandurang Kukalkar.

Dispute arose amongst the landlord brother over the share of Kukalkar’s Khand. Kukalkar used to send entire khand jointly to landlord’s family. After the dispute Kukalkar was asked to send the Khand separately. So from that time onwards Kukalkar began to send each share of Khand separately to each of the landlord brothers.

Then Kukalkar famility developed quarrel amongst them and Kukalkar gave up his government job with Public Works Department (PWD) and devoted himself fully for to care of the land.

Then one of the landlords – Navelkars – refused to accept Khand and began cutting trees. Kukalkar questioned landlord and confrontation started. Kukalkar then asked landlord the cost of land and declared his intention to buy off the land where Kukalkar had his plantation. Landlord warned him “I will not give you a singly square meter of land, instead will teach you a lesson.” In the meanwhile Pandurang Kukalkar’s father Rama Kukalkar warned advised Pandurang not to follow confrontationist path with landlord by getting into land dispute. Landlord went ahead with his threat of teaching him a lesson and destroyed Kukalkar’s existing distillery space.

One part of the property was sold to the Landscape developers by the landlord. Kukalkar went to the Landscape developers to ask for settlement. Builder asked Kukalkar to file legal suit. Kukalkar has no money to get into litigation so he kept silent then. His community lawyers/leaders advised him to keep quite and promised to take up the matter when he will be beaten up!

Landlords then sold part of land to builder named Joe Mathai. Some more land is sold to unknown party from Mumbai, and another part of land sold to the owners of Rajdhani Hotel in Panjim.

Landlord Navelkar cut trees in land looked after by Kukalkar. Bulldozer was deployed to destroy the distillery of Kukalkar. Kukalkar family was scared.

From the six parts of land five parts are out of his possession. One part Kukalkar is enjoying. There is massive tree cutting going in on Kadamba Plateau. What is the role of Town and Country Planning in all this? How did local Panchayat permit this happenings? High level politicians are involved. Major political parties such as BJP and Congress are involved.

Constructions that are already began is by three builders so far: Joe Mathai, Landscape developers, and Rajdhani Hotel, Panjim. Presently there is construction work going on for Hill city.

As a result of all this happenings Cashew production has drastically dropped. Villages that traditionally dependent upon Kadamba Plateau for their cultivations includes Carambolim, Curca, Bhati, Santa Cruz, and Chimbel. They engaged in cultivation/harvesting of Mangoes, Jackfruits, Pineapple etc. There are number of natural springs and lakes in this area.

There is also high population of wild animals such as wild boar in this area. There are frequent hunting used to be carried on at this site with part of hunted animal piece used to be kept for local tribal spirit called “Baiginkar”

Benaulim's blogger Maxie Rodrigues assulted, hospitalized

To read more on attack on Maxie click here. Our Solidarity with struggling people of Benaulim, Goa and with Maxie Rodrigues. The guts of investigative citizens probe will never be stopped by violence. Freedom of speech and expresion is being defended in Goa with bloodshed.

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

Pez alliance mooted

The people of Colomb Village, Sanguem District live a peaceful life in the pristine forests in Goa bordering Karnataka. This album is a glimpse into their everyday life.

It also shows the location of an all group meeting at Nuem, Khola in Canacona Taluka in South Goa comprising representatives from various villages, who are having to bear the direct brunt of the neo-liberal onslaught of mining industries, Real Estates, SEZs (Special Economic Zones) and CRZs (Coastal Regulation Zones).

The meeting was held at a chapel in the village with Father Henry initiating the proceedings. As a result of the brainstorming on the idea of working together and finding common ground for a united peoples' resistance on the one hand and Panchayat, state government and industrialists on the other, it was decided that 14th November (Children's Day) would be held as a day for mass protests by children - The Black Day.

Also the idea of forming alliances with various groups working on various issues was deliberated. One possible name suggested is Pez alliance. Pez is traditional staple diet of People in Goa. It is also called Canji, Nivol etc and it is prepared with rice and water. Various people connected with Ganv Ghor Rakhan Manch (GGRM), Gawda, Kunbi, Velip Dhangar Federation (GAKUVED), SEZ Watch, Goa Federtion of Mines Affected People (GOAMAP) were present.

Click here for the photo album by Shaweta Anand of SADED-CSDS, Delhi, India

New Depth on Land Battles on World Environment Day

GAKUVED call for World Environment Day on June 05 2008 drew very encouraging responses from various sections of people in Goa. The Hall at Don Bosco Farm in Sulcorna was packed with people mostly coming from rural Goa. Fr. Mathias D'Cunha welcomed everyone at the premise while Rama Velip introduced Day's programme. Sebastian Rodrigues, co-ordinator of Mand compared the programme. Here in the above picture Milagrine Antao speaks to the gathering; she spoke briefly yet powerfully about Colamb people's movement against open cast iron mining with specific reference to Police harrasments while they fight.

Architech K.D. Sadhale from Nirmal Vishwa , an Environment focussed organisation based in Ponda recalled his memories on fighting Nylon 6,6 agitation in mid 1990s and how Police were running for shelter when the villagers of Keri, Ponda rose in revolt.

The half day programme was well balanced in attandance; there was very encouraging participation from women in the middle of their struggles to defend life and Earth from mining and real estates.

Motes Antao spoke about Colamb People movement against Fomento mining comapny. One who is sitting left to Motesh is Arun Madgaokar from Ponda. His other colleague Kalidas Savaikar too was present and both of them spoke supporting the villagers in their struggle.

These men came specially for the World Environment Day programme in Sulcorna from not only nearby villages but also from far away villages like in Benaulim, Salcete. 3 members of the State Intelligence Agency - CID and two 2 reglar policemen on duty was present in plain clothes to give first hand reliable reports to the State in panic state and possibly also to the nervous mining industry.

Geraldine Fernanades gave her spirited speech and declared the support of Ganv Ghor Rakhon Manch to the villages of Colamb fighting mining. Geralding came with group of 15 people from Benaulim, Salcete.

Rama Velip from Colamb condemn unleashing of Police force on the village of Colamb. He warned the State government not to treat villagers as terrorists and support mining companies that are all out to destroy so may villages in Goa.

Advocate John Fernanades, who has been actively sopporting people in their struggle against mining industry said that minng as an industry posses severe threat to the State of Goa in creating water shortages.

Shamsunder Naik from Advalpal Gram Sudhar Samiti in Bicholim taluka called for uniti of all the villages afected with mining and need for joint action to pressurise the State government. A group of five people from Advalpal came to Sulcorna for the Environment Day meet.

Sebastian Rodrigues led the gathering in observing one minute silent to pay homage to MLA Gurudas Gawas who died on 4th June 2008. he has been latest victim of the mining industry. He came from mining belt in Bicholim Taluka wherein respiratory deseases are so common. In fact Interim report of the task force mentions that in Goa, majority of cases that occurred have been due to acute respiratory infection. In 2006 alone, 25,559 persons have suffered due to this cause. Pulmonary tuberculosis reported is 2228 during the same period. So many more people have died before him and one minute silent was also to all the nameless, faceless and unknown people of Goa that died.

Dr. Claude Alvares of Goa Foundation, Mapusa called for nationalisation of mining industry in Goa as the private sector has created life threatening situatiopn for people of Goa. With nationalisation, according to him some control on the industry will be possible. Non nationalisation of mining sector has been major condition of the mining elites in secret negotiations caried out with Jawaharlal Nehu before he initiated 'Operation Vijay' in 1961 that drove away Portugal from Goa only to be dominated by mining industry.

Pravin Sabnis, Spokesperson of Goa Bachao Abhiyan (GBA) on SEZ and mining issues shared his solidarity with the struggling groups.

GAKUVED president Durgadas Gaonkar called for No Co-operation Movement in Goa. He demanded repeal of laws that are anti-people. And if the laws are not repealed he called for disoebedience of these laws.

Salvador Dias condemned local MLA Vasu Meng Gaonkar for supporting mining industry. He told the audience that the MLA has not only kept silent on the Colamb people's agitation instead on World Environemtn Day he visited the Fomento mine in Colamb and took part in industry's eye as programme of tree plantation.

Miguel Braganza, IPP of Botanical Society of Goa, remembered the soft-spoken Gurudas Gauns, the Principal of Vividha Higher Secondary School, on the border of the villages of Naveli and Amona in Bicholim taluka. He shared the grief of his father, Prabhakar Yesso Gauns, whom he knows as an honest and hardworking cashew cultivator.

He quoted from page 7 of the “Interim Report” of the Task Force the last line that reads, “In the ultimate analysis, planning is about what we want to become.” Surely, Gurudas would have planned “development” of Naveli differently from the plan that is being prepared by the very government that he was a part of, until yesterday. If the Goa government wants to pay a tribute to its departed member, they have to deal with the mining issue with greater sensitivity to the people living in the mining belt.

Voices on protests against destruction of environment has increased in Goa. This was demonstrated by World Envoronment Day programme in Sulcorna on June 05 2008.

Solidarity also came to the movemtents in Goa from Namdeo Karkare, co-ordinator of Dalit Intellectual Collective based in Mumbai. Karkare extended his support to movements in Goa particularly those fighting mining industry.

While programme was going on Sulcorna, Colamb village wst turned into a fortress by large deplyment of Goa Armed Police in their riot gears protecting the mining companies. The above and below Goa Police was sighted in Colamb at 3.30 pm the programme got over. Armed police had dissapeared before that hence could not be captured on camera after the programme. large plice force was deployed from police station in Canacona.

Later in the evening of June 05 2008 however it become clear to the villagers on reasons for such a heavy police deployments: According to Rama Velip, President of Rivona Unit of GAKUVED Temple committee of temple in Colamb where villagers wanted to hold programme had got into the partnership with the Fomento mining company against the villagers. Temple committee reportedly objected to GAKUVED holding of any programmes in the village. Temple committes' position on mining has come in for severe criticism from the villagers. Some Brahmin landlords who have accepted monetory benefits from the mining company are on the temple committee: mostly their surnames ends up with Prabhudesai. Mining company few months ago offered 5 crore ruppees to the temple but was rejected due to protests by the villagers. According to Rama Velip if this money is accepted by the Temple committee then temple will be turned into private property of the Mining company and few landlords.

They also control Colamb's Communidade by systematically removing names of the local tribal people from the records over the past several decades. They are reponsible for handing over of large tracks of Communidade land to the Fomento mining company. They are also trying to hand over land for mining to MLA Joaquim Alemao.

Besides they are gulty of not protesting when large part of Communidade land was taken over specially the land across Kushavati river and recorded it as land belonging to Rivona. Incidently, through historical trickery they have also usurped lots of private lands and are today landlords using the families whose lands they have usurped as labourers on their farms. Adivasis had no concept of private lands, instead they believe that they are caretakers of the planet to pass on the land for the futue generations. This is indeed noble thought to be remebered on World Environment day.

Awakening is gradually rising amongst adivasis in Colamb and that is worring not only mining companies but also all the historical landgrabbers.

The battle on land had touched new depth in Goa on June 05, 2008! History is being created! Historical silence is being shattered! Voices are rising!

Sebastian Rodrigues

GAKUVED march (padyatra) against land grabbing

The Gawada, Kunbi, Velip & Dhangar Federation (GAKUVED) has organised a March (Padyatra) on Sunday, 6th April 2008 From Kadamba bus stand to Old Goa via New by pass, Kadamba Plateau at 9.00 a.m

The march (padyatra) is organised to bring attention of Government and general Public regarding land grabbing and selling it to capital loaded outsiders.

The march is organised by GAKUVED under the leadership of its General Secretary Shri Pandurang R. Kunkalkar which will start at 9.00 am from Kadamba bus stand via New by pass, Kadamba Plateau up to Old Goa and will be concluded at Gandhi Circle.

It is appealed to the general public to participate in the march (padayatra) and show Solidarity.

TURMOIL AND STRUGGLE OF A VILLAGE

By Prabhakar Padekar

Introduction:

This old community our ancestors have lived here for centuries. When nothing else existed, not even the road that passes from Bambolim to Donapaula. After liberation you will see that Cacra is loosing more than it is gaining. Due to the development of the University, we have lost our right over the forest which our ancestors cultivated for centuries. We in Cacra do not get public water supply and have no toilets. Yes, we have a road that threatens to bring into Cacra the construction of Dock on our river front. Yes, we have electricity but then while we remain in darkness when the Industries and construction that gets all the electricity they want.

The CACRA NAGRIK VIKAS SAMITI (CNVS) which was inaugurated on 24/05/1998. The purpose of the samiti is to bring about development to the village. What are the problems of the village every villager knows.

1. A number of Government Schemes exists. Some of us have got subsidies in fishing, but there are many other schemes which we must find out and study and how we can make them serve the benefit of the people.
2. Find out about our LAND RIGHTS: We all say we are MUNDKARS, but most of us are not registered.
3. The problem of the Cidade de Goa five star Hotel which plans to build a gigantic size dock., the size larger than two Football grounds. First of all these lakhs of tons of concrete and machinery in the river where effect sea life not only in Cacra but will spread during high tide upto Donapaula during low tide upto Agasaim. Secondly, it will permanently damage the beach. Thirdly, the cement will create health problems for all the people not just in Cacra but in the entire University area. The noise bringing in all materials will disturb the University which needs a conducive Academic environment.

As you all know, these projects has no license and no approval from Panchayat. I feel confident that we from Cacra who are united and support of all people of neighboring villages and also the support of the University, and help from many Organisations that have worked to safeguard the interest of common villager.

Illegal drilling operations by MML at Cacra for OSB:

It may be noted that temporary structures, machinery and personnel were first moved into Cacra on may 7th 1998. On Friday 8th may work was started. By the morning of 15th May, Police from Goa Velha Police station arrived to protect the work. On 18th May the villagers requested MLA Ms Victoria Fernandes and Sarpanch Mr. William Gonsalves to intervene and the work was stopped on site.

On 20th May company resumed work with increased police protection. Cacra Nagrik Vikas Samiti protested against the illegal drilling operations. However, Murmugao maritime Ltd (MML), a Fomento Company carried out the work with Police protection.

On 5th June 1998, ‘WORLD ENVIRONMENT DAY’ CNVS organized a protest Dharna on the occasion of the World Environment Day to highlight the issue. Over 100 men, women and children and teaching faculty members from Goa University participated in the Dharna in front of the office of North Goa collector. Then they called on the Tiswadi Mamlatdar and North Goa Collector. We discussed in detail the illegal drilling operations and soil testing by MML for the purpose of constructing the Offshore Stockyard and Berth (OSB). Then the CNVS has written letter to the chief Secretary, department of Science, technology and Environment, Panchayat for immediate action on the illegal activity undertaken by MML. The letter received from Marmagao Port Trust (MPT) Deputy Conservator, who disclosed that MML permitted to carry Soil Testing in Zuari river near Bambolim beach. It was stated that the company was asked to get all permissions from the State Government before undertaking the work. It should be noted that Bambolim beach comes under the revenue jurisdictions of Curca-Bambolim-Talaulim and is part of the San Andre constituency.

What is OSB?

Offshore Stockyard and Berth (OSB) is an Offshore Terminal for loading and unloading bulk Cargo Ship of the BERTH. The OSB consists of a concrete caisson seated on the floor of the sea. Barges bringing iron ore from Mines would be unloaded at the OSB at the rate of 300000 TDP and stored in the Caison and then load the ships. Utility and other services are also provided on the Caisson. The Caison have storage capacity of at least 400,000 and 43 mt in height having a storage of 200,000 tons of iron ore were contemplated.

Theft Of Water From Village By Industrialist And PSI’s Assault On Convenor

On 24th January 2001, the CNVS staged a MORCHA in Panjim to protest against the government inaction to stop the theft of drinking water from public well in Cacra. The procession started from the Panjim Municipal market ended in a Dharna at the
Customs House. The protestors included women with empty pots to highlight the shortage of drinking water.

It may be recalled that in May 2000 the villagers had made representation to Santa Cruz village Panchayat Sarpanch regarding drying of village well due to pumping of water by a deep well pump that had illegally installed in the public well resulting in hardships caused to over 400 people. Although no action was taken by the village Panchayat for three months, Director of Public grievances and collector of North Goa pursued the matter with Director of Panchayat and eventually the Panchayat Secretary conducted panchanama on 29th August 2000.

The Panchayat found that the Pump House Shed of the tin sheets and pump were illegal and report was forwarded to Block Development Officer (BDO) Tiswadi. Village Panchayat also informed the land owner Mr. Pradeep Talaulikar. The Panchayat received a letter from both parties i.e. Land Owner and ALCON developer saying no objections to the demolitions for illegal structure. Subsequently, the Panchayat wrote to the Assistant Engineer, Electricity department, Bambolim to disconnect the electricity supply to the pump. So demolition work was carried out.

Other instance to suppress the genuine movement of the village people was by putting up a false complaint. CNVS Convenor Surya Sawant was arrested at 1 am Sunday and made to sleep on the floor. He was finger printed and photographed and besides taunted and humiliated by constables of the Agassaim Police Station. He was also assaulted by PSI Sammy Tavares. The PSI taunted Surya Sawant on be being leader of the village and kicked and punched Sawant on his chest. Meanwhile CNVS conducted a public meeting in the village to discuss the illegal pumping water and the unwarranted arrest. The meeting resolved to undertake a public protest to Panaji to highlight to seek justice from the Government.


This Paper was presented in the SANGUEM CONFERENCE of Nature Environment Society and Transformations (NEST) on 14-17 August 2003.