The Dy. Town Planner of Vasco Mr. Shrikant is more dangerous. He too should be sacked...........
On Monday, March 24, 2014 3:30 PM, rdsg2000 <rdsg2...@gmail.com> wrote: *Sack Goa's Chief Town Planner S T Putturaju for colluding with violators: GBA (Herald)* March 24, 2014 TEAM HERALD teamher...@herald-goa.com PANJIM: The Goa Bachao Abhiyan had demanded the sacking of Chief Town Planner S T Putturaju for colluding with the violators as seen from the recent High Court judgement passed against the Aldeia de Goa project, even to the extent of filing a false affidavit before the High Court. The GBA quoting excepts from the order pointed out that the High Court has clearly censured the Town and Country Planning department for choosing to side with the violators, instead of standing on the side of truth, even as it termed the part of the construction falling within 100 metres of the High Tide Line as illegal. "The Chief Town Planner, S T Putturaju, who has been directly involved in the illegality committed by Goan Real Estates Pvt. Ltd., by filing the false and fraudulent affidavit in Court, thereby conniving... as rightly pointed out in the order, be asked to step down immediately from the post of Chief Town Planner which he has denigrated by his action, or he should forthwith be 'sacked' by the Chief Minister who is also the Minister for Town and Country Planning," the GBA demanded. The court has already said that "Like Goan Real Estates Pvt Ltd the other authorities before the Court - the TP, the VP and the MEF - have all sung the same song. It is only the petitioners who have alone steadfastly opposed the wholly illegal construction of respondent No 6 in the NDZ of the CRZ within the 100 m setback line. The petitioners have justifiably contended that there is connivance between the government authorities and Goan Real Estates Pvt Ltd." "We are shocked that the Chief Town Planner in his affidavit tried to confirm the project as being approved as a hotel project in 1995 (plan 122) and not a Residential Project (Plan 117) as it was then approved," the GBA said. It may be recalled that the Panjim Citizens Welfare Trust has been fighting a seven year long battle in the High Court, against the Aldeia de Goa Hotel against the authorities working across several governments both the Congress and the BJP. None of the governments has been on the side of truth and the petitioners have had to resort to the judicial system after successive governments failed to uphold the law. The second Judge, F M Reis, has agreed with the findings of Justice Dalvi, that the plan at page "117" is the plan that was duly approved and not "122" that was illegal, Justice Reis has expressed his inability to agree with the findings with regard to the demolition of the construction. Justice Reis has found it appropriate to quash the NOCs as well as the construction licences issued to the respondents, GBA said. The GBA however is concerned that this will allow the present illegal construction to go on. "He has placed the ball in the Court of the same Statutory Authorities (Town & Country Planning, Village Panchayat, etc) that have "obviously connived and colluded to examine the revision/re-validation of the plan afresh on the basis of the plan at page 117. This effectively allows for the respondents to finally get what they wanted through the blatantly false affidavit of the Chief Town Planner of Goa," the GBA said. Punish lying, corrupt, town planner says angry GBA, now is the time for change (Target Goa) 20, Mar 2014 Goa Bachao Abhiyan held a meeting to deliberate on the issues that emerged in the recent High Court judgement on Writ Petition 403 of 2007 in the Aldeia de Goa (Hotel Grand Hyatt) matter. Two plans one legal and one illegal bear the same date. The Chief Town Planner caught out on falsehoods. The main issue that emerged was the conclusive evidence of collusion of government officials with the builders to allow illegal constructions in No Development Zones. The collusion is evident with vital files going missing, false affidavits, despite complaints from the public, no action by TCP officials and other government bodies. The complaints were regarding hill cutting and eco zone violations. The meeting resolved to highlight the blatant falsehoods in the affidavit sworn in Court by Mr S.T.Puttaraju Chief Town Planner in November 2012. Putturaju actually endorsed a fraudulent illegal plan as the legal plan. The GBA demand stern action against Putturaju. GBA is aghast at the deception of Mr Putturaju. On the one hand he kept assuring GBA delegation that he is against illegal constructions in the Aldeia case and then he brazenly colluded with the builders by making false submissions in their favour in his affidavit sworn on oath. The writ petition was filed by People's Movement for Civic Action and Goa Foundation represented by Patricia Pinto (PMCA) and Claude Alvares(GF) against Aldeia de Goa (Hotel Grand Hyatt0 and others. The two-member Bench held that the construction was illegal in the 100m High Tide Line. Two plans were unearthed - an illegal plan at page 122 and a legal plan on page 177. The constructions were built based on the illegal plan at page 122. Chief Town Planner's falsehoods: In his affidavit Putturaju stated that the hotel project was ongoing since 1995 and approved it. While both the judges established that the plan at page 117 was the legal one, the counsel for the Town Planner argued that plan at 122 is the approved plan. In his affidavit Putturaju stated that he "particularly denies that the construction approved in 1995 was allegedly residential and not hotel project as falsely stated in the petition'. Yet the judge Justice Dalvi remarked in her order at para 35* "The riddle that remains unresolved is that if "122" plan was submitted after (albeit immediately after) "117" plan, how does it bear the same date 31st May, 1995? It is not the case of respondent no. 6 or VP or TP that two plans diametrically different were issued to a single party, respondent No. 6, on the same day!"* Putturaju made allegations against the petitioners stating that the writ petition filed is an abuse of law . He questioned why a "petty" issue of Sanad was raised by the petitioners. He also questioned why issues under Air and Water Act were being raised by petitioners against the hotel .He said the petition should be dismissed. The Judge however disagreed: *"It is only the petitioners who have alone steadfastly opposed the wholly illegal construction of respondent No. 6 (Goan Real Estates Pvt. Ltd) in the NDZ of the CRZ within the 100 m. setback line. The petitioners have justifiably contended that there is connivance between the government authorities and respondent no. 6." *(Justice Dalvi para 56 of Order dt 26.2.14) *"Like respondent No. 6 the other authorities before the Court - the TP, the VP and the MEF - have all sung the same song *(Justice Dalvi para 56 of Order dt 26.2.14). *"The reliance upon the affidavit of the TP who may have colluded with respondent No. 6 (despite 117 plan furnished by the TP office itself to the third party which was produced by the petitioner and which is not explained by the TP office) cannot enhance its case"* *"Counsel on behalf of the TP also argued before the Court vehemently confirming "122" plan, with all intrinsic evidence contained in admitted documents ignored." *(Justice Dalvi, para 57(e) of Order dt. 26.2.14) *"This case is of brazen, wholly illegal construction. The petitioners have sought the rule of law. The respondent no. 6 has breached the rule of law blatantly. ....."*(Justice Dalvi, para 58 of Order dt. 26.2.14) *"When I find that noble law has been ignobly breached I cannot bear myself to permit the breach as all the public authorities before the Court have done"* (Justice Dalvi, para 59 of Order dt. 26.2.14) *GBA has accordingly made a list of demands following the Judgement* 1.The Goa Bachao Abhiyan demands that the Chief Town Planner, Mr. S.T. Putturaju, who has been directly involved in the illegality committed by the Respondent No. 6, by filing the false and fraudulent Affidavit in Court, thereby conniving with the Respondent, as rightly pointed out in the Order, be asked to step down immediately from the post of Chief Town Planner which he has denigrated by his action 2. The GBA calls upon the Minister for Town and Country Planning to order an immediate enquiry to examine as to how two plans diametrically different which bear the same date of "31st May, 1995", were issued to Respondent No. 6 on the same day by the Town and Country Planning department for same construction. Such blatant illegalities committed by the Officers of the Town and Country Planning department who are required to uphold the rule of law, need to be stopped immediately and the culprits brought to book.. 3. GBA demands that the illegal constructions be demolished as per Justice Dalvi's order. If regularisation takes place as per Justice Reis order then the objective of the fraudulent plan to build illegal structures will be met, nullifying the long judicial process of getting justice. Mere fine of Rs 25 lakhs cannot undo the ecological damage and corruption. If no action is taken immediately Goa Bachao Abhiyan will be forced to come on to the streets The Ruby building collapse happened because the officials of Government of Goa under the leadership of Mr Manohar Parrikar continue to collude with the builders like in the previous regime . It is time for change.