-------------------------------------------------------------------------- | Add your name to the CLEAN GOA INITIATIVE | | | | by visiting this link and following the instructions therein | | | | http://shire.symonds.net/pipermail/goanet/2005-October/033926.html | -------------------------------------------------------------------------- The draconian Town and Country Planning ordinance of 29th September 2005 was drafted by Mr Radharao Gracias ex Independent MLA Loutolim Assembly Constituency in his capacity as a lawyer and not as the office bearer of the United Goan Democratic Party.
This confession was made when this writer asked him to clarify on the apprehensions in the minds of the people that he was indeed the man who drafted the same. Mr Radharao Gracias. (Advocate) Mr Cleofato Coutinho (Advocate) Mr Dean D Cruz (Architect) Ms Patricia Pinto ex Councillor Corporation of City of Panaji Mr Manohar Parrikar Leader of the Opposition and Mr Vishnu Wagh (dramatist) representative of the INC were the panelist at discussion initiated under the first of its kind "HOT TOPIC" HAVE Planning Development Authorities PDA's been useful. The collated views of the panelist were a) they were not of any use b) if they were not there things could be worse c) the 1992 73rd and 74th Constitutional amendment gives statutory powers to Panchayats and Municipalites to ensure "peoples involvement in development process" therefore the Town and Country Planning Act which was introduced in 1974 needs to be given a fresh look. Moreover the Constitution provides for District Planning to cover both municipal and panachayat areas therefore the PDA's become irrelevant; d) PDAs could be more effective if instead of politicians constituting the planning bodies professionals in the field of architecture town planning etc could take their place on these bodies e) Acountability of all the authorites whether in PDA Municipalities and Village Panchayats is a must because if the PDA's are corrupt the Municipalities and the VP are equally if not more corrupt; f) Government should come about an amendment that no change of land use or zoning can be permitted from paddy fields to commercial purposes; Coming down to the next issue regarding the scraping of the draconian ordinance of 29th September, 2005 which indeed turned to be the real "HOT TOPIC " that the overcrowded hall of Hotel Nova Goa at Panaji witnessed on 14th November 2005 at 1830 hrs at the audience round and which will be telecast 20th November, 2005 by the cable network Goa 365 ( English) at 1900 hrs full one hour were as follows a) INC was with the people (referring to the dharnas protests public meetings and jail bharo headed by Ms Victoria Fernandes INC MLA Santa Cruz and Deputy Speaker of the Goa Legislative Assembly ) but the govt is a NCP MGP combine therefore they had to go along with the ordinance; b) But some one opposed it stating when the Minister for TCP is the INC MLA and the CM is the INC member how could one lay the blame on NCP and MGP who in principle are opposed to the ordinance? c) Re Dr Wilfred De Souza Deputy Chief Minister who now states that he signed the circulated Cabinet decision though he was against it -- was not accepted as he could have put a dissent note and demanded a cabinet consideration. d) INC assured that the ordinance will be withdrawn by 19th November 2005 ( late Indira Gandhi's Birth anniversary) after a fresh Cabinet decision is taken e) what about the post facto applications cleared under section 49(6) of TCP and 44 of TCP and other cases under section 49(6) & 44 of TCP at the 17th October 2005 and 10th November 2005 after the Ordinance was announced on 29th September 2005 . If the ordinance is to be kept in abeyance all this decisions should REVOKED. f) the circular dated 6.5.2005 of the Chief Town Planner committed the error of adding "conversions" which is now believed to have resulted in holding up development activities of the common man. Clearly there was an overwhelming demand for a) SCRAP THE ORDINANCE AMENDING TCP IMMEDIATELY b) WITHDRAW ALL REVENUE VILLAGES FROM PDAs c) SCRAP ALL PDAS of PANAJI MAPUSA MARGAO PONDA VASCODAGAMA d) IMPLEMENT 73RD AND 74TH AMENDMENT TO CONSTITUTION FOR BENEFIT OF MUNICIPALITIES AND PANCHAYATS AND SET UP DISTRICT PLANNING BODIES. A shocking disclosure was made by one the participants a) on 10.7.2003 North Goa Planning & Development Authority was bifurcated into Panaji P D A and Mapusa PDA b) on 14.11.2003 Goa Govt ordered a resurvey of maps plans in the whole of Goa c) on 06.08.2003 South Goa Planning & Development Authority was bifurcated into Margao and Ponda d) on 23.6.1993 Vasco Planning Dev Authority was constituted. In the Margao Panaji Mapusa and Ponda area Revenue villages were included in the Plan 25 from Salcete and 3 in Ponda this raised a huge outcry demanding withdrawal of all the revenue villages from PDAs and Government restricting PDA's only to Municipalities All the above was the doing of the BJP led coalition Government. Then Leader of the Opposition Mr Pratapsing Raoji Rane opposed the move of selective inclusion of villages and demanded it to be restricted to Municipalities this was supported by Mr Luizinho Faleiro the President of the Goa Pradesh Congress Committee. After the portfolio was removed from the then Minister for Town & Country Planning in the BJP rule i.e on 27th January, 2005 and then CM Mr M Parrikar retained the same the Government collapsed. After the first vote of confidence on 2nd February 2005 which saw Mr P R Rane as CM his first act was to "IN PUBLIC INTEREST " remove all PDAs from its operation. The people rejoiced at this move. During Presidents Rule from March 2005 to 7th June 2005 a circular dated 6.5.2005 was issued banning all fresh zoning since the Draft regional Plan 2011 which was notified on 6.7.2004 and had recieved comments and suggestions, was required to have a panel of experts to examine the same and finalise the Regional Plan 2011 first as the earlier one of 2001 was outdated, But nothing was discussed even when the budgetary demands for TCP was taken up in the month long Budget session which ended on 31st August 2005 Interestingly an agenda statement which was circulated by in the House showed that the present TCP Minister intended to bring about the legislation which formed the subject matter of the ordinance but according to Mr Manohar Parrikar (now in the Opposition ) it was he who advised the Law Minister Mr Dayanand Narvekar to oppose its introduction. The fact as ascertained by this writer is that though the agenda was listed there was NO BILL circulated. Suddenly after exactly 26 days the Rane Government decided to revive the PDAs with only two changes a) the Salcette revenue villages were not included in the Margao PDA and Ponda revenue villages excluded. But in Panaji and Mapusa revenue villages were added. The moot point is why did the Rane Government do a thing in public interest on 4.2.2005 and undo the same on 27.8.2005 Worse still the oridnance which brings changes to sections 17 29 33(1) and 54 of the TCP act have a grave mischief coated -- a) any change in land use could be done calling objections from public in 15 days which was too short a period and ridiculous b) section 33(1) gives unstinted powers to the TCP Board and the Government meaning the incumbent TCP Minister to decide on change in land use zoning etc for any non plan area which means even revenue villages or municipalities not covered as planning areas could be changed. Hence this was the suspicion and it is clear that the Office of the Governor of Goa was misled to believe --- that circumstances exist where the ordinance was needed. This is a clear indication that Builders lobby controls the Government and the MLAs with the exlusion of Ms Victoria Fernandes are pawns in the hands of Builders. The next agitation is now slated for 21st November 2005 at Panaji Pato end round the city at 2.30 p.m. and the repercussions if the Government does not listen to the voice of the people will have to face the consequences. Interestingly the LOO Mr Parrikar told this writer that his BJP fully supports the peoples movement and will himself participate with his partymen in the morcha on 21st November, 2005 There has been activity now at the all goa level and newly constituted Municipal bodies are aware of the draconian changes and the move to usurp their statutory powers . Village Panchayats in South Goa district have already taken meetings and resolution passed. By 21st most Panchayats and Municipalities will follow suit. GODFREY J I GONSALVES Borda Margao Goa [EMAIL PROTECTED] 9822158584
