The high court of Bombay at Goa directed the directorate of panchayats (DoP) to file an affidavit giving details about appeals pending before it with regards to structures in the no development zone (NDZ), in violation of the 1991CRZ notification.
The bench also made it clear that the affidavit should give details of the number of appeals, of any stay granted with regard to the structures, as also the survey number, nature of the structure and area of the structure. The division bench comprising Justices S B Deshmukh and U D Salvi passed the directives during the hearing of a suo motu writ petition regarding the CRZ violations along the state’s coastal belt. The petition challenges the constructions carried out after the CRZ regulations came into effect on February 19, 1991. Amicus curiae Norma Alvares told the court that affidavits had been filed by most coastal panchayats as per earlier court directives, but it appeared that a few panchayats had not done so as she had not received copies. The court directed the coastal panchayats that had not filed their affidavits to do so before the next date of hearing, which is November 10, while serving a copy on the amicus curiae. Sudesh Usgaonkar appearing for Canacona Municipal Council (CMC) informed the court that the CMC had identified and demolished 48 structures within their jurisdiction.
Alvares also pointed out that most of the panchayats have issued demolition orders to illegal structures, but none have actually carried out any demolitions. Owners of most of the structures approach the DoP and get a stay on the demolition orders, she said.
Wednesday, November 25, 2009
GOVERNMENT,TRUST LAY CLAIM ON PRIME LAND IN MIRAMAR
The department of science and technology and a private trust have both laid claim to a plot at Miramar close to the land earmarked for an ocenarium. The North Goa Planning and Development Authority (NGPDA) and Corporation of the City of Panaji (CCP), on the other hand, are blaming each other for giving licence to Sai Baba Family Trust to start work on a residential-cum-commercial building at the site.
“It is an encroachment on our property,” Michael D’Souza, director science and technology department, told after an inspection of the site. “We will file a detailed complaint to the police attaching the inspection report,” he said.
NGPDA member secretary Ashok Kumar said the approval has now lapsed, but it had been granted based on a provisional outline development plan (ODP). “It is up to the CCP to check property documents while granting construction licence,” he added. But CCP commissioner Elvis Gomes said they had issued it on the basis of approvals granted by NGPDA.
“The permission was valid till 26 October, 2009—three years after it was granted,” Kumar said. “He (promoter of the trust) submitted a letter for renewal on October 23, 2009, but it cannot be renewed as it is an institutional area. However, Shyam Luthria, one of the trustees said, “It is my property, and I have purchased it through a sale deed from the owner, and it is registered before the registrar of Panaji.” When pointed out that NGPDA has stated that approval granted by it has lapsed, he said. “It was a prior commitment, and I have made commitments to my clients on the basis of that,” adding that he would take action as directed by his legal advisors.
When pointed out that the approval was provisional and subject to finalization of the ODP, Luthria said, “They may say many things now, but these are legal issues.”
“It is an encroachment on our property,” Michael D’Souza, director science and technology department, told after an inspection of the site. “We will file a detailed complaint to the police attaching the inspection report,” he said.
NGPDA member secretary Ashok Kumar said the approval has now lapsed, but it had been granted based on a provisional outline development plan (ODP). “It is up to the CCP to check property documents while granting construction licence,” he added. But CCP commissioner Elvis Gomes said they had issued it on the basis of approvals granted by NGPDA.
“The permission was valid till 26 October, 2009—three years after it was granted,” Kumar said. “He (promoter of the trust) submitted a letter for renewal on October 23, 2009, but it cannot be renewed as it is an institutional area. However, Shyam Luthria, one of the trustees said, “It is my property, and I have purchased it through a sale deed from the owner, and it is registered before the registrar of Panaji.” When pointed out that NGPDA has stated that approval granted by it has lapsed, he said. “It was a prior commitment, and I have made commitments to my clients on the basis of that,” adding that he would take action as directed by his legal advisors.
When pointed out that the approval was provisional and subject to finalization of the ODP, Luthria said, “They may say many things now, but these are legal issues.”
CHICALIM LOCALS WANT DLF PROJECT SITE TO BE INSPECTED
The construction of a proposed mega project at Dabolim has raised the hackles of a section of villagers who have now complained to the Chicalim village panchayat about "several irregularities" and have demanded a site inspection by local authorities. A group of villagers confronted sarpanch Anacleto D'Souza over the matter and upon submitting a written complaint against the "several irregularities" in the project demanded an impromptu site inspection by the panchayat. D'Souza, it is learnt, expressed his helplessness in acceding to their demands "without serving notice upon the builder", but assured to look into the allegations.
According to a complaint lodged by one of the villagers, Edwin Mascarenhas, the promoters of the project are digging borewells in their fenced property "without taking necessary permissions" from panchayat authorities.
Mascarenhas, it is learnt, also lodged a complaint with the forest department alleging massive tree felling in the area. officials of the department conducted a site inspection. Asked to comment on the findings of the inspection, M K Shambhu, deputy conservator of forests, south Goa, said that they were in the process of "verifying if there were any violations of approvals" obtained by the party.
sarpanch Anacleto D'Souza maintained that the promoters of the project have obtained all relevant approvals from the statutory authorities, including the panchayat. "However, as the panchayat had not given them permission to dig borewells, I orally instructed the builder to stop the work. Though they promptly stopped the construction of borewells following my instructions, they have submitted an application to the panchayat for allowing them to construct borewells. The proposal will be placed before the panchayat body meeting soon and an appropriate decision will be taken," D'Souza said.
As for the villagers' complaint, D'Souza said the panchayat would verify the facts "by following all laid-down procedures". "We will ask the builder to come along with all relevant documents and, if it is found necessary, we will fix a date for the site inspection," he said.
According to a complaint lodged by one of the villagers, Edwin Mascarenhas, the promoters of the project are digging borewells in their fenced property "without taking necessary permissions" from panchayat authorities.
Mascarenhas, it is learnt, also lodged a complaint with the forest department alleging massive tree felling in the area. officials of the department conducted a site inspection. Asked to comment on the findings of the inspection, M K Shambhu, deputy conservator of forests, south Goa, said that they were in the process of "verifying if there were any violations of approvals" obtained by the party.
sarpanch Anacleto D'Souza maintained that the promoters of the project have obtained all relevant approvals from the statutory authorities, including the panchayat. "However, as the panchayat had not given them permission to dig borewells, I orally instructed the builder to stop the work. Though they promptly stopped the construction of borewells following my instructions, they have submitted an application to the panchayat for allowing them to construct borewells. The proposal will be placed before the panchayat body meeting soon and an appropriate decision will be taken," D'Souza said.
As for the villagers' complaint, D'Souza said the panchayat would verify the facts "by following all laid-down procedures". "We will ask the builder to come along with all relevant documents and, if it is found necessary, we will fix a date for the site inspection," he said.
RYOTS OPPOSE ACQUISITION OF AGRICULTURAL LAND FOR KALA BHAVAN IN MAPUSA
The proposed Kala Bhavan project at Mapusa has run into trouble. A group of Mapusa farmers under the banner of Sridev Bodgeshwar shetkari samiti have presented a representation to the Bardez deputy collector opposing the acquisition of agricultural land for the proposed Kala Bhavan opposite the Mapusa police station. Their contention is that it will affect their livelihoods.
The land acquisition process is underway with the government having already notified section IV for acquiring around 8,000 square metres of land in paddy fields. However, having realized that 8,000 square metres will be insufficient, the government is now planning to acquire another 14,000 square metres at the same place.
Bardez deputy collector D Redkar inspected the site along with a representative of the department of art and culture. Redkar has fixed the public hearing for affected persons for Wednesday afternoon. Mapusa MLA Francis D'Souza has expressed sympathy with the farmers. Pointing to the fact that the government now wants to acquire additional land that is more than double the original area sought to be acquired, D'Souza said it shows that the government's original estimate was wrong. He offered two solutions to the problem. One is to build the Kala Bhavan on land which has already been acquired by the government for the purpose near St Xavier's college. The second is to acquire twice the land required for the Kala Bhavan, use half for the project and give the other half to the affected tenants. "The cultivators have to be compensated. You cannot deny the cultivators the only asset they have. You can also compensate by paying them market rates," D'Souza said. D'Souza pointed out that the government was wrong in acquiring agricultural land when it already has in its possession around 20,000 square metres of land near St Xavier's college. "The Supreme Court has said governments should not acquire agricultural land. So what is the point in acquiring agricultural land when you already have land near St Xavier's?" He also said that with most people having vehicles, going up the hill would not be a problem.
The land acquisition process is underway with the government having already notified section IV for acquiring around 8,000 square metres of land in paddy fields. However, having realized that 8,000 square metres will be insufficient, the government is now planning to acquire another 14,000 square metres at the same place.
Bardez deputy collector D Redkar inspected the site along with a representative of the department of art and culture. Redkar has fixed the public hearing for affected persons for Wednesday afternoon. Mapusa MLA Francis D'Souza has expressed sympathy with the farmers. Pointing to the fact that the government now wants to acquire additional land that is more than double the original area sought to be acquired, D'Souza said it shows that the government's original estimate was wrong. He offered two solutions to the problem. One is to build the Kala Bhavan on land which has already been acquired by the government for the purpose near St Xavier's college. The second is to acquire twice the land required for the Kala Bhavan, use half for the project and give the other half to the affected tenants. "The cultivators have to be compensated. You cannot deny the cultivators the only asset they have. You can also compensate by paying them market rates," D'Souza said. D'Souza pointed out that the government was wrong in acquiring agricultural land when it already has in its possession around 20,000 square metres of land near St Xavier's college. "The Supreme Court has said governments should not acquire agricultural land. So what is the point in acquiring agricultural land when you already have land near St Xavier's?" He also said that with most people having vehicles, going up the hill would not be a problem.
SINQUETIM LOCALS UPPOSE CONSTRUCTION OF BRIDGE
Agitation is simmering in Sinquetim with villagers vowing to oppose the proposed construction of a bridge linking Benaulim to Sinquetim on the grounds that the bridge is "unnecessary and is being thrust upon the villagers".
Scores of villagers assembled at the site to denounce attempts by the government to commence the construction of the bridge, the foundation stone for which was laid in March 2008. The cost of the project is estimated to be Rs 9 crore.
What apparently spurred the villagers to protest was the movement of lorries carrying construction material towards the site . Villagers had then confronted the personnel involved in the activities and subsequently driven them away. They are irked over the moves of the authorities in going ahead with the land acquisition proceedings for the project despite the village gram sabha adopting a resolution placing on record its objection towards the bridge.
Addressing the media , villagers expressed their determination to thwart any attempts to build the bridge that would entail "destruction of the fragile environment that will subsequently be fraught with danger to the lives of the villagers". Avertano Furtado, speaking to reporters, questioned the necessity of the 12m span bridge when another was proposed to be built hardly a few metres away. "Besides destroying the mangroves in the area and causing loss to fertile agricultural land, there will be an increased movement of heavy vehicular traffic over the bridge, leading to sound and dust pollution, thus disturbing the tranquillity of the village," Furtado said.
Advocate Anacleto Veigas, while addressing reporters, questioned the legality of the land acquisition process, stating that the villagers were kept in the dark over the matter. The villagers have now decided to hold a silent protest morcha to the South Goa collectorate soon to express their opposition to the proposed project.
Scores of villagers assembled at the site to denounce attempts by the government to commence the construction of the bridge, the foundation stone for which was laid in March 2008. The cost of the project is estimated to be Rs 9 crore.
What apparently spurred the villagers to protest was the movement of lorries carrying construction material towards the site . Villagers had then confronted the personnel involved in the activities and subsequently driven them away. They are irked over the moves of the authorities in going ahead with the land acquisition proceedings for the project despite the village gram sabha adopting a resolution placing on record its objection towards the bridge.
Addressing the media , villagers expressed their determination to thwart any attempts to build the bridge that would entail "destruction of the fragile environment that will subsequently be fraught with danger to the lives of the villagers". Avertano Furtado, speaking to reporters, questioned the necessity of the 12m span bridge when another was proposed to be built hardly a few metres away. "Besides destroying the mangroves in the area and causing loss to fertile agricultural land, there will be an increased movement of heavy vehicular traffic over the bridge, leading to sound and dust pollution, thus disturbing the tranquillity of the village," Furtado said.
Advocate Anacleto Veigas, while addressing reporters, questioned the legality of the land acquisition process, stating that the villagers were kept in the dark over the matter. The villagers have now decided to hold a silent protest morcha to the South Goa collectorate soon to express their opposition to the proposed project.
SINQUETIM LOCALS UP IN ARMS AGAINST PROPOSED CONSTRUCTION OF A BRIDGE
Agitation is simmering in Sinquetim with villagers vowing to oppose the proposed construction of a bridge linking Benaulim to Sinquetim on the grounds that the bridge is "unnecessary and is being thrust upon the villagers".
Scores of villagers assembled at the site to denounce attempts by the government to commence the construction of the bridge, the foundation stone for which was laid in March 2008. The cost of the project is estimated to be Rs 9 crore.
What apparently spurred the villagers to protest was the movement of lorries carrying construction material towards the site . Villagers had then confronted the personnel involved in the activities and subsequently driven them away. They are irked over the moves of the authorities in going ahead with the land acquisition proceedings for the project despite the village gram sabha adopting a resolution placing on record its objection towards the bridge.
Addressing the media , The villagers expressed their determination to thwart any attempts to build the bridge that would entail "destruction of the fragile environment that will subsequently be fraught with danger to the lives of the villagers". Avertano Furtado, speaking to reporters, questioned the necessity of the 12m span bridge when another was proposed to be built hardly a few metres away. "Besides destroying the mangroves in the area and causing loss to fertile agricultural land, there will be an increased movement of heavy vehicular traffic over the bridge, leading to sound and dust pollution, thus disturbing the tranquillity of the village," Furtado said.
Advocate Anacleto Veigas, while addressing reporters, questioned the legality of the land acquisition process, stating that the villagers were kept in the dark over the matter. The villagers have now decided to hold a silent protest morcha to the South Goa collectorate soon to express their opposition to the proposed project.
Scores of villagers assembled at the site to denounce attempts by the government to commence the construction of the bridge, the foundation stone for which was laid in March 2008. The cost of the project is estimated to be Rs 9 crore.
What apparently spurred the villagers to protest was the movement of lorries carrying construction material towards the site . Villagers had then confronted the personnel involved in the activities and subsequently driven them away. They are irked over the moves of the authorities in going ahead with the land acquisition proceedings for the project despite the village gram sabha adopting a resolution placing on record its objection towards the bridge.
Addressing the media , The villagers expressed their determination to thwart any attempts to build the bridge that would entail "destruction of the fragile environment that will subsequently be fraught with danger to the lives of the villagers". Avertano Furtado, speaking to reporters, questioned the necessity of the 12m span bridge when another was proposed to be built hardly a few metres away. "Besides destroying the mangroves in the area and causing loss to fertile agricultural land, there will be an increased movement of heavy vehicular traffic over the bridge, leading to sound and dust pollution, thus disturbing the tranquillity of the village," Furtado said.
Advocate Anacleto Veigas, while addressing reporters, questioned the legality of the land acquisition process, stating that the villagers were kept in the dark over the matter. The villagers have now decided to hold a silent protest morcha to the South Goa collectorate soon to express their opposition to the proposed project.
CORPORATION OF THE CITY OF PANAJI PLANS SLUM ON ITS PROPERTY
In electoral politics numbers hold the key. And that key can open doors to a new residence. A group of illegal hutments at Miramar is set to face demolition of October 14 ,2009. These are the same hutments that then city commissioner Sanjiv Gadkar had tried to raze last year and was kicked out of office for his audacity.
But now, things are a bit different. The Corporation of the City of Panaji (CCP) which is readying to demolish this slum along the St Inez nullah is, ironically, preparing at the same time to give the hutment dwellers a new address—on CCP property in Camarabhat-Taleigao. The CCP has written to the deputy collector requisitioning a demolition squad and machinery for the purpose, and the slum dwellers have packed their bags to move to Camarabhat. However, CCP ruling panel boss and Taleigao MLA Babush Monserrate said, “I’m not aware of this.” City mayor Carolina Po was unavailable for comment.
But now, things are a bit different. The Corporation of the City of Panaji (CCP) which is readying to demolish this slum along the St Inez nullah is, ironically, preparing at the same time to give the hutment dwellers a new address—on CCP property in Camarabhat-Taleigao. The CCP has written to the deputy collector requisitioning a demolition squad and machinery for the purpose, and the slum dwellers have packed their bags to move to Camarabhat. However, CCP ruling panel boss and Taleigao MLA Babush Monserrate said, “I’m not aware of this.” City mayor Carolina Po was unavailable for comment.
QUEPEM MUNCIPAL COUNCIL GREEN SIGNAL FOR MINING TRUCKS IRKS LOCALS
Apparently bowing to pressure from the mining lobby and the mineral ore transporters association, the Quepem Municipal Council (QMC) finally granted permission for the movement of mining trucks through the town, much to the chagrin of the residents.
At its meeting held recently, the QMC, after deliberating at length on a letter by the mineral ore transporters' association requesting that mining trucks be allowed to ply through Quepem, adopted a resolution granting "conditional approval" for movement of mining trucks. The municipal council has warned transporters that the approval would stand withdrawn if the transporters were found flouting guidelines framed by the transport department with regards to mineral ore transportation.
It may be noted that the QMC had taken a tough stand against mineral ore transportation through the thoroughfares of Quepem, with the city fathers pledging their support to the residents in the anti-mining transport agitation. The Quepem residents had threatened to block all mining transportation through the town on the grounds that haphazard mining transportation through the town posed safety hazard to the lives of the people, besides causing intolerable dust and noise pollution. Interestingly, the Quepem MLA, Chandrakant Kavlekar, had also expressed his strong disapproval over the movement of mining trucks through Quepem and had blamed the transporters for their failure in prevailing upon the government to construct a bypass road for mining transportation. Justifying its change in stance, the chairperson of the QMC, Lydia D'Costa, stated that the livelihoods of many Quepem residents were dependent on transport business and thus any decision to bar movement of trucks without making any alternative arrangements for transportation would amount to injustice on the locals.
At its meeting held recently, the QMC, after deliberating at length on a letter by the mineral ore transporters' association requesting that mining trucks be allowed to ply through Quepem, adopted a resolution granting "conditional approval" for movement of mining trucks. The municipal council has warned transporters that the approval would stand withdrawn if the transporters were found flouting guidelines framed by the transport department with regards to mineral ore transportation.
It may be noted that the QMC had taken a tough stand against mineral ore transportation through the thoroughfares of Quepem, with the city fathers pledging their support to the residents in the anti-mining transport agitation. The Quepem residents had threatened to block all mining transportation through the town on the grounds that haphazard mining transportation through the town posed safety hazard to the lives of the people, besides causing intolerable dust and noise pollution. Interestingly, the Quepem MLA, Chandrakant Kavlekar, had also expressed his strong disapproval over the movement of mining trucks through Quepem and had blamed the transporters for their failure in prevailing upon the government to construct a bypass road for mining transportation. Justifying its change in stance, the chairperson of the QMC, Lydia D'Costa, stated that the livelihoods of many Quepem residents were dependent on transport business and thus any decision to bar movement of trucks without making any alternative arrangements for transportation would amount to injustice on the locals.
AREAL VILLAGE MEET FOCUSES ON ILLEGAL SCRAPYARDS AND MEGAPROJECT
Issues pertaining to illegal scrapyards and the contentious mega project came to the fore at the gram sabha of the Sao Jose de Areal village panchayat . The villagers also pointed out to a number of cement godowns in the village operating without mandatory no-objection certificates (NOCs) from the panchayat, even as they urged the panchayat body to take action in that regard. The gram sabha members also said that there were 47 illegal scrapyards in the village and that the panchayat had failed to initiate action against their owners. The villagers also raised queries pertaining to a mega project in the village. The villagers were upset over the failure of deputy sarpanch Jose Minguel Fernandes, who chaired the meeting, in giving satisfactory replies over allegations levelled by locals at the last gram sabha that the drawings submitted by the panchayat to the authorities pertaining to the mega project were manipulated
ILLEGAL HOUSES IN UCASSAIM TO BEREGULARISED
The Ucassaim panchayat gave the green signal to regularize around 70 illegal tenements set up on comunidade land.
Sarpanch Deepali Kudnekar at the gram sabha agreed to allot house numbers to the illegal houses when the inhabitants of these dwellings demanded that their houses be regularized. But the comunidade members present at the gram sabha were not happy with the decision of the panchayat and decided to knock the doors of the court to deny back door entry to illegal encroachments on comunidade land.
"Can the panchayat allot house numbers to illegal houses just because they were given water and electricity connection?" a member questioned. "The panchayat gave them the connections on humanitarian grounds. How can they now demand house numbers for illegal dwellings?" he asked. In another development, the panchayat's decision to raise the house tax was deferred as there was no unanimity among the members on the rate. The panchayat had come with a proposal to increase the house tax by Rs 5.
The plan to raise the house tax was to boost the revenue of the panchayat. Some members wanted the house tax to be raised by Rs 10 while others by Rs 8. Unable to come up with a solution, the panchayat decided to defer the plan to hike the tax. The sarpanch was cornered by gram sabha member Matilda Rodrigues on the delay in forming a development committee.
"It's almost two-and-half years that the panchayat has not formed a development committee. How can we assess the work carried out, or discuss on new projects to be taken up?" Rodrigues asked
Sarpanch Deepali Kudnekar at the gram sabha agreed to allot house numbers to the illegal houses when the inhabitants of these dwellings demanded that their houses be regularized. But the comunidade members present at the gram sabha were not happy with the decision of the panchayat and decided to knock the doors of the court to deny back door entry to illegal encroachments on comunidade land.
"Can the panchayat allot house numbers to illegal houses just because they were given water and electricity connection?" a member questioned. "The panchayat gave them the connections on humanitarian grounds. How can they now demand house numbers for illegal dwellings?" he asked. In another development, the panchayat's decision to raise the house tax was deferred as there was no unanimity among the members on the rate. The panchayat had come with a proposal to increase the house tax by Rs 5.
The plan to raise the house tax was to boost the revenue of the panchayat. Some members wanted the house tax to be raised by Rs 10 while others by Rs 8. Unable to come up with a solution, the panchayat decided to defer the plan to hike the tax. The sarpanch was cornered by gram sabha member Matilda Rodrigues on the delay in forming a development committee.
"It's almost two-and-half years that the panchayat has not formed a development committee. How can we assess the work carried out, or discuss on new projects to be taken up?" Rodrigues asked
VELIM LOCALS HIGHLIGHT ILLEGAL STRUCTURE
Velim villagers took the panchayat body to task for its failure to stop an illegal construction along the banks of the River Sal.
The villagers also questioned the panchayat body over what they called "wasteful" expenditure of panchayat funds amounting to Rs 20,000 on maintaining a retaining wall in the village located in a private property.
The villagers also questioned the panchayat body over what they called "wasteful" expenditure of panchayat funds amounting to Rs 20,000 on maintaining a retaining wall in the village located in a private property.
Sunday, November 15, 2009
BLATENT VIOLATIONS IN CHICALIM
TILL DATE NOTHING HAS STARTED BUT SOON THERE WILL BE APARTMENTS WITH 700 FLATS ,TILL DATE THERE IS A SMALL ROAD CONSTRUCTED WHICH GOES ON TOP TO THE WOULD BE CONSTRUCTION SITE OF DLF REALTORS .ALL THE TREES WILL BE AND SO WILL BE THE HILL SO THAT THE PEOPLE STAYING IN THE PROPOSED 700 FLATS WILL GET A PERFACT SEA VIEW AT THE COST OF OUR BEAUTIFUL LAND. THE SAME IS BEING DONE NEAR MES COLLEGE WHERE THERE ARE 3 APARTMENTS TO COME .
THE GREENERY NEAR MES COLLEGE AND CHICALIM IS AT STAKE .GOA AND GOANS DO NOT NEED 700 FLATS AND EVEN IF THEY NEED NOT AT THE COST OF CUTTING HILLS AND TREES.
SO WE ALL NEED TO BE ALERT WHAT IS GOING ON IN GOA AND WHAT THE POLITICIANS OF GOA ARE DOING.......
THE GREENERY NEAR MES COLLEGE AND CHICALIM IS AT STAKE .GOA AND GOANS DO NOT NEED 700 FLATS AND EVEN IF THEY NEED NOT AT THE COST OF CUTTING HILLS AND TREES.
SO WE ALL NEED TO BE ALERT WHAT IS GOING ON IN GOA AND WHAT THE POLITICIANS OF GOA ARE DOING.......
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