Goa CRZ violations : Coastal Panchayats to file affidavits

The division bench of the Bombay high court at Goa, while hearing a suo moto petition  with regard to the illegal construction in the CRZ areas of Goa, has asked the coastal village panchayats to file affidavits by providing the details of the type of constructions, the survey numbers and what use these structures are being put to.

During the hearing of the petition, amicus curiae Norma Alvares brought it to the notice of the High Court that most of the panchayats in Goa may have issued demolition orders to illegal structures violating CRZ, but none have actually carried out any demolitions. She also pointed out that some of the panchayats are still at the stage of issuing show cause notices.

The court has sought the affidavits to be filed by October 5th 2009, stating therein the total number of structures in the 200 metres zone as per the survey maps. The court has also asked to state the number of structures found to be existing as on February 19 1991. The matter is expected to come up for hearing on October 13 2009. The bench also asked the state advocate general Adv Subodh kantak to give information about the number of appeals pending before the panchayat director regarding the illegal structures violating the CRZ.

Some of the village panchayats informed that they have filed their affidavits while others said that while the affidavits were ready, they were not yet filed. Ms Alvares submitted a chart which specified the details of the affidavits filed by the panchayats in various villages of Goa.

As per the details, Calangute and Canacona were on top of the charts aggregating 684 structures in Calangute and over 616 structures in Canacona. However, strangely, Calangute panchayat has issued notices only to around 90 such structures while Canacona has issued notices to only around 48 structures.

Comparatively, Anjuna panchayat has issued notices to over 227 structures out of a total of 427 such constructions in the No development Zone (NDZ). Mandrem Panchayat in the north and Agonda in the south of Goa have issued notices to 61 and 30 structures respectively.

Goa panchayats get together to spit fire on amendment

The controversy ridden amendment bill to the Panchayat raj act added another dimension with a new forum formed to battle against the draconian bill when the panchayats from Goa announced the formation of the All Goa panchayat Democratic Forum(AGPDF) which warned the government of a full blown agitation in the state if the bill wasn't reverted in a time frame of three weeks.

The forum which met in Panjim , exhorted Goans and the people from South Goa to attend a big public rally in Salcete, to oppose the damaging bill in full force. The date for the rally is expected to be fixed somewhere after the Ganesh festival.

Speaking at he meeting, the President of the forum, Mr Joseph Sequeira said that if the government failed to take cognizance of its demand, then there will be a full fledged agitation which the government of Goa will find difficult to resist. Mr Sequeira also lambasted the various MLAs for making baseless statements against the Sarpanchas, as a means to push in the amendment bill

Other speakers who spoke on the occasion were Soter Dsouza who called for unity among the panchayats and compared the government to the British who tried to play the game of divide and rule.Thalmann Pereira revealed how a select committee and ad-hoc committee reports differed on the rights of the panchayats and urged the panchayats to pass resolutions opposing the amendment. Former convenor of Goa Bachao Abhiyan(GBA) , Mr Oscar rebello recollected the victories of the Goan people in fighting issues such as the Regional Plan 2011, SEZs etc and said that it is time the gram sabhas of Goa took this issue also to be defeated through an unified action.

Prajal Sakhardande, the well known historian reminded the people about the day August 20 2009 as being the birthday of the late Prime Minister Rajiv Gandhi whose vision of panchayati raj in Goa was being strangulated by this amendment. Also speaking on the occasion were convenor of GBA Sabina Martins, Cansaulim Sarpanch Basil Fernandes, Rachol Sarpanch Joseph vaz and others.

Goa Sarpanchas wake up to Panchayati Raj nightmare

The Goan dissent to the panchayati raj amendment bill is continuously rising with new vigilant groups emerging from the Goan fraternity and the most affected of these are obviously the sarpanchas who have realised albeit a bit late that their authority is bound to be completely undermined if the proposed bill is enacted into a law. The South Goa Sarpanchas Forum (SGSF) was thus another new body formed to oppose the bill tooth and nail.

At a well attended meeting held at Margao, the SGSF called upon panchayats from all villages in south Goa to call for the gram sabhas to deliberate on the recently passed Goa panchayat amendment bill 2009 and subsequently resolved to submit a memorandum to the governor Mr Shivinder Singh Sidhu urging him to deny his assent to the draconian bill.

The meeting which as attended to by over 70 elected representatives resolved to oppose the "usurpal of powers" of the peoples elected representatives of the Goan village panchayats which they strongly condemned and termed it as contrary to letter and spirit of the "73rd amendment of the constitution"

Last week, the Goa assembly amidst a walkout staged by the opposition, had passed the above bill which would confer executive powers on the panchayat secretaries . The sarpanchas deputy sarpanchas and the panchas have termed this action unwarranted and anti-people. The meeting also condemned the Panchayat minister Mr Manohar Azgaonkar as well as other MLAs supporting the bill

Goans bracing for big battle against "panchayat hijack"

The brewing anger stemming amongst Goans against the draconian panchayat raj amendment bill 2009, which seeks to snatch away the powers of the panchayat body and vest them in the bureaucracy, is slowly gathering momentum and various individuals, organisations and village bodies are slowly mustering collective support in a bid to converge in a mass agitation movement to compel the government to do a rethink on the ridiculous amendment to the law. If the citizens galvanize in full force against the amendment, Goa could witness a repeat of the agitation which forced the government to scrap the regional plan 2011 in 2007.

Among the various forums which have been scathingly vocal about the unjust amendment which seeks to do away with the voice of the village bodies, the newly baptised "panchayat democratic forum" has vowed to launch an agitation to protest the amendment untill it is withdrawn.

The "panchayat democratic forum", a body which comprises of sarpanchas, panch members and activists from all over Goa has conducted its first meeting on Tuesday, August 11 2009 and has first decided to approach the office of the governor to impress upon him not to give his assent to the draconian amendment. All the speakers at the meeting unleashed a vitriolic attack on the government which they said would nullify the powers if the panchayats of Goa.

the director for the Centre of panchayati raj Mr Soter D'Souza pointed out  that the amendment is an effort to usurp the powers of the panchayat and termed the move as unconstitutional. He also blamed the opposition to be part of the plot to facilitate the amendment during the recent assembly session. Mr D'souza said that the government does not want to follow the model Panchayati raj act because it is not interested in devolving powers to the panchayat.

Advocate Thalmann Pereira lambasted the government saying that benevolent dictatorship is not acceptable and sought the democracy to be in the hands of the people who should decide about their representatives depending upon their performance.

The various speakers lamented that the panchayats and over 189 sarpanchas have been ignored and not taken into confidence regarding the bill and that the powers of the panchayat were being taken away and given to the panchayat secretaries which would encourage manipulation by vested interests.

Panchayat Raj bill gets assent from Goa govt

The blackest hour in Goa's panchayati raj  came to pass when the ruling benches of the Goa legislative assembly decided on Thursday 6th August 2009 to pass the controversial Goa Panchayat Raj Amendment Bill 2009 as the opposition indulged in a cosmetic exercise of protesting the move by staging a theatrical walk-out with its leader Mr Manohar Parrikar merely shouting that the BJP would not be a party to the bill.

The controversial amendment to the panchayat raj bill seeks to give powers to the bureaucracy instead of the elected representatives of the people and threatens to seriously undermine the will of the people in Goa.

The  Bill seeks to amend the section 47 of the Panchayat raj act so as to empower the panchayat secretary to execute the orders passed by the block development officer, director and deputy director of panchayats, state election commissioner and the government. The Goa opposition leader had earlier sought clarifications on which authority the Panchayat secretary was expected to answer and termed the powers granted to him as contradictory which would put the official in a tight spot with regards to whose directions to follow.

The panchayat secretary would not know whose directions to follow when there was the panchayat body, the director of panchayats and the government and Parrikar had merely suggested an additional clause to clarify the secretary's powers and roles.

The bill which was therefore amended on wednesday was duly passed by a voice vote on Thursday. The amended bill in its current form implies that if the panchayat fails to implement any orders passed by any authority in an appeal filed before it by citizens or others under the Goa panchayat raj rules within the specified time period, the secretary of the panchayat will execute them in future. In case the higher authorities have not specified a time limit in the order in connection with the appeal, then the secretary will enforce it within a month from the issuance of the order or the directions.

The draconian legislation now awaits the nod of the governor before being drafted as a law.

Goan land Protection - Shantaram introduces bill

A private members bill was introduced in the Rajhya sabha on Friday July 3 2009, seeking to add article 371 to the Constitution of India, in a bid to authorise the Goa Legislature to enact a legislation to monitor and regulate the transfer of land in the state of Goa in public interest and in the interest based on grounds of duration of residence in the state, social , economic and environmental needs etc.

Also with respect to the current resources such as land, water, power, environmental aspects etc, the bill also provides to authorise the Goa Legislature to enact a suitable legislation to regulate the influx of migrants into the state. The bill also seeks to empower the Goa Legislature to enact a legislation to opt for any of the two types of panchayat for villages - intermediate and district level.

In a statement attached to the bill, Mr Naik said that the rights of citizens under the constitution should bot be so boundless that they contribute to changing the economic scenario of a smaller state like Goa particularly its villages, much to the bitterness and disadvantage of the local people which only adds to the anti-social elements which become a strong part of such uncontrolled transactions thereby proving disastrous for Goa.

While justifying the need to control the influx of migrants into Goa, Mr Shantaram Naik pointed out to the state of Goa which hardly encompassed only 3,702 sq kilometres of land with a population of around 14 lakh. Compared to this, the increase in migrant population has reached unmanageable proportions. While it is the fundamental right of every citizen of India to move freely within the territory of India, Mr Naik pointed out that it is also the fundamental right of others to live a decent life with basic amenities provide by the state.

From this viewpoint Mr Naik has argued that in order to safeguard the basic rights of Goans and non-Goans settled here for a long time, the further inflow of people into Goa needs to be regulated immediately to avoid a virtual chaotic situation in the near future.

Goa's NH-17 to be widened on consensual note

For the owners/inhabitants of over 1800 structures along the national highway 17 in Goa awaiting the proverbial axe, most of such edifices may not come under the hammer after all. Wilbur Smith Associates Private Limited, who had proposed the widening of the highway to 60 metres from Patradevi in North Goa to Pollem in the South, have been advised by the National highway authority of India (NHAI) to consult the state's Public Works Department(PWD) while finalising the plans for the widening of the national highway so that there is minimum damage made to the structures under threat.

The PWD Minister Mr Churchill Alemao is learnt to have impressed upon the Union Minister of Surface transport Mr Kamal Nath to review the highway widening issue in Goa which has reportedly prompted the advice made to Wilbur Smith.Accordingly, officials of NHAI are reported to have arrived in Goa and inspected the entire route of the NH17 in the state along with representatives of Wilbur Smith to work out a better solution.

The PWD is known to have acquired different widths of land area for the widening of the highway  which include 30 metres, 45 metres and 60 metres. Accordingly, now NHAI has directed Wilbur Smith to prepare separate plans for the three measurements of the acquired land stretch along the highway, i.e 30 metres, 45 metres and 60 metres. This will help NHAI to actually ascertain as to how many structures would face the axe along the highway in Goa..

The PWD Minister Mr Churchill Alemao, is reported to have expressed his disappointment over the number of structures facing demolition along the existing highway and has asked for  six laning of the highway to be done only at places where land is available and alternatively restrict the rest of the highway to four laning so that minimum damage was caused to owners and inhabitants of structures along the NH 17.

Detailed plans are therefore currently being re-drawn by consultants Wilbur Smith, keeping the local considerations in mind and the same are expected to be ready by July 10 2009. The state PWD's alignment is expected to be followed in most areas by the consultants.

Benaulim villagers want starred hotels to fill their gulf of recession

The villagers of Benaulim are reported to have been stirred to move a resolution in the gram sabha  on Sunday 29th June 2009, seeking to secure 90 percent jobs in the village's starred hotels and the hotel industry as a whole to be utilised for Goans particularly those returning back to Goa from the Gulf countries due to recession and lay-offs.

The hotly debated topic was among a host of topics which have been plaguing the Benaulim village for a long time including the demonic problem faced by the emergence of mega projects in the village which have been opposed by the villagers tooth and nail.

The villagers of Benaulim are quite upset over the adamant attitude of the hoteliers to recruit local villagers and a after a detailed discussion on the subject, a five member committee was formed to keep a check on hotels that fail to employ the locals.

Erring builders and megaprojects were also discussed and demands were made to take the violators to task. The issue of the Dando football ground also came up while where there were complaints about the panchayat body failing to take possession of the ground.

CCP to plead with Church, Chief Minister, to use Bainguinim

Political heavyweights,  clergymen, a childrens school, a temple committee and other strong vociferous voices opposing the waste management plant slated to come up at Bainguinim has propelled the Corporation of the city of Panaji (CCP) to approach the Archbishop Phillip Neri Ferrao, and the Chief Minister besides approaching MLAs and others to intervene in the matter to find a solution to the vexed problem facing the corporation.

The CCP held a special meeting on Monday where it was resolved to request the Archbishop and the Chief Minister to solve the dispute with the Panchayat, residents of Old Goa and the parish Church.

In the meantime, in order to get rid of the garbage  right now, the CCP had decided to acquire land near the KTC bus stand on lease for segregating the city garbage before sending it to the treatment plant. the CCP also plans to build composting pits at the site and has assured that no garbage will be dumped there.