----- Original Message ----- From: soter To: [EMAIL PROTECTED] Sent: Wednesday, September 24, 2008 1:13 PM Subject: Appeal To Union Ministry of Panchayati Raj
Date: 22nd September 2008 To: Mr. Mani Shankar Aiyar, Hon. Minister for Panchayati Raj & Youth Affairs, Government of India, Krishi Bhavan, Dr. Rajendra Prasad Road, New Delhi - 110 001 APPEAL FOR CLARIFICATION ON RIGHTS AND DUTIES OF GRAM SABHA ON LAND USE & SPATIAL PLANNING Sir, The Union Ministry of Panchayati Raj (MoPR) has initiated several measures over the last four years to encourage State governments in giving a greater role to Panchayats as well as the people in local self-governance. The Panchayat Mahila Shakti Abhiyan is also one such initiative that has been empowering the women for effective participation in the Panchayati Raj institutions. Wide publicity on the road-map for devolution of powers to the Panchayats after several round-table conferences with State ministers and officials of Panchayati Raj has been given by the MoPR. In April 2006, during your visit to Goa, the people of Goa were given to understand through media reports that meetings with the Chief Minister of Goa and the State Panchayati Raj Minister were held to discuss upon the issue of devolution of powers to the Panchayati Raj Institutions. Accordingly, a Memorandum of Conclusions was signed by yourself and the Chief Minister of Goa listing several areas for transfer of powers to the local bodies. But, two years later the Minister of Panchayati Raj, Government of Goa and the Directorate of Panchayats have been making a mockery of the Union government's great claims of decentralization and "Power to the People'. The government and its agencies have been claiming that besides deciding on implementation of socio-economic development schemes, the Gram Sabha have no powers to decide on issues of land use and construction of housing in the village. The Directorate of Panchayats has been directing the Panchayat Secretary and the Panchayat Body to go against the decisions of the Gram Sabhas which are demanding that construction of mega projects be stopped on account of lack of infrastructure, destruction of the environment and a threat to the very identity of the goan villages. The Directorate of Panchayats has been involved in spreading disinformation against the Gram Sabhas in Goa claiming that they have no powers besides approving the budget and the beneficiary list for the government schemes. Some Organisations representing the construction and real estate fraternity have submitted a legal opinion to the Government of Goa that the Village Panchayats and more so the Gram Sabhas in Goa have no powers to decide on issues of land-use / spatial planning in the village as it is not listed in Schedule XI of the Constitution of India. While on one hand the Government of Goa is notifying rules about constituting Ward Sabhas for carrying out socio-economic planning in the village, on the other hand the Goa Town and Country Planning Department has been permitting the land and other natural resources to be senselessly plundered by the builders and real estate lobby for setting up massive gated housing complexes in the tiny wards of Goa's villages, thus changing the demography and destroying the livelihood and culture of the locality. The Goa Daman and Diu Town And Country Planning Act, 1974 was never amended to accomodate the local bodies in planning after the 73rd and 74th Constitutional Amendments. The Directorate of Panchayat has been ignoring gross violations in building regulations and illegally permitting the imposition of urban building regulations in the villages by government agencies/departments like the Town & Country Planning Department which actually has no authority under the Goa Panchayat Raj Act, 1994 in deciding on construction permissions, except as that of a Technical Officer under the Panchayat Building Rules 1971. Even the Union Minister for urban Development, Mr. Jaipal Reddy during his visit to Goa, a few days ago, has conveyed his sentiments against mega projects and the need to protect goan villages and its unique identity. When such development is opposed by the Gram Sabhas, the elected representatives are encouraged to file false and fabricated criminal complaints with the police against the villagers who attend Gram Sabhas. The Gram Sabha members of Colva, Carmona, Siridao and Benaulim Village Panchayats have been victims of this tirade carried out by the politician-police-builder nexus to terrorise the people into not asserting their rights and carrying out their duties as responsible citizens. False criminal complaints have been filed with the police even by the Additional Director of Panchayats, Mr. H. D. Mashelkar from the Directorate of Panchayats against innocent and poor locals of Siridao village who had only gone to the Directorate of Panchayats to attend an Appeal Petition against the construction of a mega project in their village. The Directorate of Panchayats which is supposed to protect the interests of the Panchayat Raj Institutions and encourage people's participation has only been busy with promoting real estate interests and ignoring irregularities and corrupt practices in the Panchayats. If the current trend of hostility of the Directorate of Panchayats towards the Gram Sabhas is allowed to flourish in the State of Goa it would mean the death of the local institutions and will neutralize all programs initiated by the Union UMoPR. Without adequate powers and a conducive atmosphere created within the Panchayats for encouraging people's participation in planning for the development of their village, the entire exercise of programs for empowerment of the elected representatives and the people, women in particular, will be futile. Permitting parallel development by various government agencies independent of the local bodies is not contributing to the upliftment of the rural poor in Goa, but is only contributing to the displacement and destruction of the traditional livelihood of the local people. Mere activities such as promotion of socio-economic schemes from the government without holistic planning of the village development through people's participation are a mockery of the 73rd Constitution Amendment. We earnestly appeal to the Ministry of Panchayati Raj, Government of India, to intervene and ensure that due steps are taken by the State government to devolve the necessary powers to the local bodies and that legal interpretation be issued to the Government of Goa and the Directorate of Panchayats on the following; 1. The meaning of the term "institution of self-government". 2. The rights of the local bodies, including Gram Sabhas, in deciding on issues of land-use and spatial planning besides socio-economic planning. Article 243 ZD and its mandate for spatial planning. 3. The functions and powers of the Gram Sabha in the decision making process for the holistic development of the Village and their role in ensuring accountability and transparency in the functioning of the Village Panchayats. 4. The place of the District Planning Committee in the State Regional Planning processes. We eagerly await intimation about favourable action on the above matter. Yours Sincerely, Soter D'Souza Director Centre for Panchayati Raj
