August 17, 2017 GFDO PRESS STATEMENT
GFDO condemns the Parrikar led Government for passing the draconian “Goa Compensation to the Project Affected Persons & Vesting of Land in the Government” Bill 2017. This Bill which is now an Act, is nothing but an attempt to legitimize large scale ‘land grab’ by this Government for its various controversial projects, and more alarmingly, to indemnify it against the necessary future action that it will inevitably attract. GFDO questions the need for the Government to come out with this Act when there already exists a Central Act called ‘Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’, which more than adequately fulfils the purpose of ensuring that all the owners and tenants will be compensated fairly and adequately. The real reason in coming out with this needless Act perhaps, lies in the two sinister clauses that have been craftily slipped in. Through these clauses, the Government abrogates to itself the right to take over tenanted and dhangar lands, which are in the name of a private landlord. Today, with most of the projects executed on the basis of the PPP model, this Bill makes it easier for private companies who operate industries, and other commercial enterprises including hospitals and schools etc. to connive with the Government through the invocation of this Act and grab precious and scarce Goan land for private interests and profits. In fact, Goans should be made aware that the government had proposed two draconian Bills specifically tailored to disempower and take away the rights of the people leaving the road clear for the Government to corner land for its corporate cronies unopposed. Although it was demanded that both these Bills be sent to Select Committees for scrutiny, the government bulldozed this particular Bill through in the recent Assembly session without adequate debate or consultation with stakeholders and shareholders. The implications of this draconian Bill are deep seated and menacing. Consider Clause 4 of this Act, which states “The Government shall be entitled to enter into any transaction with any person, body of person, committee etc. including transaction to enter into contract or obtain no objection certificate from the owner, where the land is needed for public purpose and all such land purchased/acquired by the Government shall vest in the Government free from all encumbrances of whatsoever nature and the Government shall use such land for setting up of project.” It is revealing that in the list of definitions included in the Bill for “Government”, “Collector”, “public purpose”, “project”, “land”, “Court” etc. the definition for “owner” has been cleverly omitted. In other words, the government Is giving itself powers to take over tenanted land, Comunidade land or land having multiple owners just on the basis of a mere NOC from anyone who claims to be the owner. While this Bill decrees that the land acquired for public purpose can be used for all public infrastructure, the hidden motives of this Government are revealed and become quite clear when “project for industrial corridors or mining activities” as well as “infrastructural project of any Statutory corporations, bodies, authorities or any other Government bodies and includes the land acquired for any project relating to Airport” are included in definition of “public purpose”. With projects like the contentious Mopa Airport, river nationalization, coal hub, and unnecessary five star infrastructure ominously looming on the horizon without even an effective Regional Plan in place, this government appears to be determined to preside over the sell out of Goa and the complete destruction of the people’s democratic and constitutional rights, ironically masquerading all the while as ‘ Goem, Goenkar and Goenkarponn’. GFDO pointed out that land is a community resource, held in trust for the people by the Government of the day. It is the people who bear the brunt and face the consequences of the rash, vested and unstudied decisions taken by the Government as Goans have seen in the past. Hence GFDO demands that the Clause 4 be withdrawn immediately by way of ordinance so that the Act cannot be abused under the garb of Compensation. Eremito Rebelo Convenor
