http://bharatmukti.blogspot.in/2016/04/objections-to-investment-promotion_11.html
11th April 2016
To,
The Governor of Goa,
Raj Bhavan, Dona Paula, Goa,
To,
The Chief Minister and the President,
Investment Promotion & Facilitation Board, (IPB – Goa), Secretariat, Porvorim,
Goa
Subject: Objections to Investment Promotion Board recommendation to convert
Capao (Vanxim) land as settlement zone to set up 5 star hotel and villas by
Ozone Leisure and Resort Pvt Ltd.
Madam/ Sir,,
We have come to know from the letter dated 22/12/2015 with reference no.
13/2015/Goa-IPB/55/134 that Investment Promotion Board has recommended
conversion of 82,595 sq.mts of orchard land in Vanxim (Capao), St. Mathias
village Panchayat in Tiswadi as settlement zone granting in-principle approval
to the project of Ozone Leisure and Resort Pvt Ltd consisting of 5 Star Hotel
and Villa Estate Development.
We write to object the same on following grounds.
1. The entire island is CRZ area and No development Zone. Besides island has
Khazan land as well as low lying Paddy fields. Section 8 (iv) of the Goa
Investment Promotion Act 2014 placed restriction on Board recommending Coastal
Regulation Zone Areas for setting up of projects under this Act.
2. Investment Promotion Board has never conducted site inspection to verify the
nature of land in Vanxim. Vanxim is an island in Mandovi River and CRZ
regulations are applicable on all sides. Besides it is also low lying area with
biologically active mud flats, Khazan land, thick mangroves which cannot be
touched by law including sluice gates.
3. The transfer of occupancy rights from Santa Monica of Old Goa to Ozone
Leisure and Resorts Pvt Ltd are fraud as it is effected with cases against
tenants for condonation of delay in Deputy Collectors’ office in Panjim when
deputy collector has no powers to entertain such cases. The powers rests with
Administrative Tribunal and hence entire occupancy rights in favor of Ozone
Leisure and Resorts Pvt Ltd is void. We have called for Central Bureau of
Investigation (CBI) probe against the two former deputy collectors involved in
this scam namely Shabaji Shetye and Sanjeev Desai. Everybody wants to know why
CBI is not investigating after knowing that it is a fraud. Is this what BJP
government is meant by zero tolerance to corruption?
4. Investment Promotion Board is outsourcing of cabinet powers to private
entities under Goa Investment Promotion Act 2014. This law overrides Panchayati
Raj Act, TCP Act as well as Land Revenue Code and Regional Plan besides making
mockery of the democratic system. Through this law democracy has been replaced
with dictatorship. The elected representatives who supported this law have
either not applied their minds or willfully betrayed their voters. The transfer
of powers of Cabinet to the private actors spread out all over the country and
beyond is unacceptable, as the People living in Vanxim knows what hardships
they went through right from their childhood till date and we don’t want anyone
to take advantage of our people. We do not support this law and it must be
repealed with immediate effect. We urge you to reject the Investment Promotion
Board recommendation for land conversions in Vanxim.
5. The decision of the Investment Promotion Board to bully Town Country
Planning Department into getting ecologically sensitive areas of Vanxim is
motivated by high level of political interference and we have already called
for CBI probe into these links involving Indian Defence Minister Manohar
Parrikar, His secretary Krishnamurthy and Krishnamurthy’s wife Sejla Chawla
Krishnamurthy who is Deputy General Manager at Ozone Leisure and Resorts Pvt
Ltd. We have already called for CBI investigations into this nexus reported by
Prime TV Channel in Goa.
6. Occupancy rights on tenanted land in Vanxim (Capao) have been transferred to
Ozone Leisure and Resorts Pvt Ltd by Archbishop Felipe Neri Ferrao via Mahendra
Gaunekar violating Tenancy law and Canon law by selling land without informing
tenants. The tenants and the People of Vanxim were not aware and were never
informed that the Agreement to Sale signed in 1999 and sale deed was registered
in 2006. Only after four years of the registration of the sale deed Vanxim
People came to know about the same when some people from Vanxim were taken to
Bicholim and made to put their thumb on documents and offered cash. These
people who put their thumb did not know to read and write. So total
manipulation and fraudulency involved. Few from amongst those who knew to read
and write asked for documents and then the entire game plan was revealed
followed by which we went in for RTIs and got all details. We have called for
CBI investigations into this aspect too.
7. There has been opposition to this project at Malar Panchayat Gram Sabhas as
well as Town and Country Planning office. Now Investment Promotion Board
decision on Vanxim is a coup-d’état against every democratic institution on
ground and complete insult to these institutions. Democracy has been replaced
with Dictatorship and Goa has been converted into Colony open for abuse. The
political consequences of Goa Investment Promotion Act 2014 is loot and plunder
of Goa’s land, and Jurisprudential value of this Act can best be compared to an
assembly of thieves gathering in the middle of the city hall and proclaiming
their decree. It is unfortunate that Constitutional authority – Governor of Goa
– has given assent to this to make it a law.
8. Goa Investment Promotion Act 2014 is direct violation of not only Article
48-A and Article 51 –A (g) but also of Article 21(Right to life) of the Indian
Constitution. Supreme Court relying on Article 21 declared in M.C. Mehta V/s
Union of India (1987) that life; public health and ecology have priority over
unemployment and loss of revenue.
9. In M.C.Mehta V/s Union of India (1997) the Supreme Court of India has
enunciated the doctrine of “Public Trust”, based on the legal theory of the
Roman Empire. The idea of this theory is that certain common properties such as
rivers, sea shores, forests, and the air were held by the Government in
trusteeship for the free and unimpeded use of the general public. The resources
like air, sea, waters and forests have such a great importance to the people as
a whole, that it would be totally unjustified to make them a subject of private
ownership. The concept “environment” bears a very close relationship with this
doctrine. The doctrine enjoins upon the resources for the enjoyment of the
general public, rather to permit their use for private ownership or commercial
purposes. Goa Investment Promotion Act 2014 is precise infringement of this
Public Trust Doctrine as right to life.
10. Investment Promotion Act 2014 is direct contravention of directive
principle of State policy under Article 48-A of the Indian constitution that
states as “Protection and improvement of Environment and safeguarding of
forests and wild life - The State shall endeavor to protect and improve the
environment and to safeguard the forests and wild life of the country.
11. Further under Article 51-A (g) it is a fundamental duty of every citizen of
India “to protect and improve the natural environment including forests, lakes,
rivers and wild life, and to have compassion for living creatures.” In exercise
of our duty under Article 51-A (g) we call upon you to reject any proposal to
of converting land in Vanxim Island as settlement zone for construction of
luxury villas, 5 star hotel, resort and Golf course.
12. There are serious civil law and canon law frauds involved in the manner in
which Vanxim has been sold. For further details visit the link below:
www.bharatmukti.blogspot.in/2015/12/civil-and-canon-law-fraud-canon-law-fraud-commited-by.html
We call upon you to pay serious attention to the objections above and reject
any proposal for land conversions in Vanxim into Settlement Zone under
recommendation from Investment Promotion Board. Hence and therefore such a
project which is a disaster for the people of Vanxim and in no way is a
development; must neither be permitted nor allowed.
You are therefore urged to take note of the above objections and issue
following directions:-
1. Immediately revoke in-principle approval granted for setting up of a 5 Star
Resort & Villa Estate Development at Village Capao (Vanxim), St. Mathias,
Tiswadi.
2. To withdraw and cancel recommendation to the Government to grant the project
‘Investment Promotion Area’ status.
3. Stop and cancel conversion of the property from Orchard to Settlement Zone
to the extend of 82595 sqm.
4. To cancel recommendations to the concerned authorities / Departments of the
State Government for the approval of change of use of land from Orchard to
Settlement to the extend of 82595 sqm. No CRZ clearance be granted for this
project.
5. Direction be issued towards declaring land titles in favour of Ozone Leisure
and Resorts Private Limited on Capao island (Vanxim) as null and void and
restitution initiated to restore the rights of tenants deleted by foul play.
6. Stop facilitating to get permissions for this project from various
authorities/ departments of State and Central government.
7. Withdraw recommendation to the Electricity department to release power load
of 2000KVA and Public Works Department to release water requirement of 230KLD
to the said unit.
8. Block recommendation to concerned authorities / Departments of the State
Government and Central Government to grant the necessary permissions /
clearances for the said project proposal.
We wish to place on record that the decisions of Investment Promotion and
Facilitation Board to include Capao Island (Vanxim) under the purview of
Investment Promotion Board are festered with several ethical wrongs and
inherent damage to democratic polity. The entire process followed is not only
unethical but also politically undermining democracy.
Sao Mathias Panchayat, Malar and Cumbharjua MLA has ceased to protect public
interest as they have not even protested inclusion of Capao (Vanxim) Island
under the purview of Goa Investment Promotion Act 2014. Everybody in the
villages of Vanxim, Divar and Malar are aware that the above has been gagged
and silenced with bribes in cash and kind.
Archbishop Felipe Neri Ferrao has caused great damage to the People of Vanxim
which he has to pay for. We have already filed complaint against him with the
representative of Pope Francis in India, Apostolic Nuncio Archbishop Salvatore
Pennacchio and investigations are on. The copy of this letter is available at
the links below:
www.bharatmukti.blogspot.in/2016/03/vatican-embassy-in-india-petitioned-on.html?m=1
This is very dangerous trend and Bharat Mukti Morcha calls for immediate
exclusion of Capao Island (Vanxim) from the purview of Investment Promotion
Board, dissolve Investment Promotion Board and Repeal Goa Investment Promotion
Act 2014.
Thanking you,
Yours sincerely,
Sd/-
Maggie Silveira
President, Goa Unit
Copy to:
1. Minister for Industries, Secretariat, Porvorim, Goa
2. The Principal Secretary (Industries), Secretariat, Porvorim, Goa
3. The Under Secretary (Industries), Industries Department, Secretariat,
Porvorim, Goa
4. The Director, Directorate of Industries, Trade & Commerce, Government of
Goa, Udyog Bhavan, Panaji, Goa
5. The Director, Department of Tourism, Government of Goa, Paryatan Bhavan,
Patto, Panaji, Goa
6. The Chief Town Planner, Town and Country Planning Depart, Patto, Panaji, Goa
7. The Dy. Collector & SDO, Tiswadi, Goa
8. The Chief Electrical Engineer, Electricity Department, Panaji, Goa
9. The Principal Chief Engineer, Public Works Department, Altinho, Panaji, Goa
10. The Member Secretary, Goa State Pollution Control Board, 1st Floor, Dempo
Tower, Patto, Panaji, Goa
11. The Chief Engineer, Water Resources Department, Porvorim, Goa
12. The Member Secretary, Goa Coastal Zone Management Authority, 3rd Floor,
Dempo Tower, Patto, Panaji, Goa
13. The Chief Executive Director, Investment Promotion & Facilitation Board
(IPB – Goa), Cabin no. 20, Ground Floor, Secretariat, Porvorim, Goa
