The ordinance dated 29th September 2005 exactly 28
days after the month long Budget session of the Goa
Legislative Assembly
has aroused great response from villages in South Goa
as well not covered as planning areas.
Today there were protest meetings held by villagers in
Margao in front of the Communidade Building.
The thing which has unnerved every Goan in Goa and
outside is the agenda of the North Goa Planning and
Development which covers the Planning areas of Panaji
and Mapusa
The meeting held on 17th October 2005 and 10th
November 2005 is believed to have granted
POST FACTO approval for applications recieved under
section 44 (development/amalgamation/sub-division etc)
POST FACTO approval for applications received under
section 49(6)
NOC for deed of sale etc
CASES under section 44 of YCP
It is quite obvious that all these FILES have been
cleared from 29th September, 2005 to 10th November,
2005 and only then the Minister for TCP declared that
the ORDINANCE WILL BE HELD IN ABEYANCE until discussed
on the floor of the Goa Legislative Assembly.
But with the stoic silence of all the ruling INC NCP
and MGP MLA's with the exclusion of Ms Victoria
Fernandes, Deputy Speaker MLA Santa Cruz and now the
BJP lending support to the agitation against the
ordinance; no purpose will be served in discussing the
matter in the Goa Legislative Assembly for if a whip
is ussued to MLAs of the ruling parties they will have
to vote in favour of the same as dissensions could
attract disqualifications.
Another proposal to file a Public Interest Litigation
may not serve the purpose as in the event of a stay
not being granted the Government will through its
Advocate General buy time and the agitation would have
to be put off as the matter would then be subjudice.
Therefore the peoples court alone can ensure that the
ordinance and the Bill which was attempted to be
rushed through on the last date 31st August 2005 was
stalled by the timely intervention of Mr Manohar
Parrikar Leader of the Opposition LOO who is believed
to have told the INC Law Minister Mr Dayanand
Narvekar that there would be serious repurcussions if
the amendments are rushed through.
For the netitzens it is made clear as under
The Regional Plan for all the 11 Talukas of Goa was
notified on 11.12.1986 after it was discussed in gram
sabhas of all villages.
The plan was valid upto 2001.
There was a clause 17 which stated that no changes
could be made to the Regional plan before 5 years.
But the INC Government effected the first change
eliminating the 5 years period in March 1988.
Ever since then any person could make an application
for change of land use and after inviting suggestions
from the public giving a 60 days notice the same could
be revised.
In this way there were about 932 cases cleared by the
board. This ofcourse involved "greasing of palms" or
rather a "consideration" to keep the constituents of
politicos and the TCP Board in "good humour"
Now when the 2001 Regional Plan lapsed a consultant
was appointed to prepare the Regional Plan for 2011
and obviously the same process of inviting suggestions
from public within two months was done between
6.7.2004 to 6.9.2004. Thereafter the committee
should have been appointed to scrutinise the
objections and suggestions and the same approved by
the Government and then perhaps notified.
During Presidents rule between March 2005 to June 2005
the Governor initiated the process and hence vide
circular dated 6.5.2005 of the TCP all the change of
land use and zoning by TCP was banned (PDAs were
removed in toto in public intereston 4.2 2005 by Mr
Pratapsing Rane and surprising restored on 27.9.2005
this time there was no mention in "whose interest")
Unfortunately the word conversions crept into the
circular and hue and cry was raised stating that
conversions of cases of change of land use in finality
meaning approved and notified by the Board were also
with held (there is no proof as yet on this but the
Governor could have been misled to believe so when he
signed the ordinance)
Thus instead of the draft Regional Plan being
finalised the 29th September 2005 ordinance was put in
place stating that "circumstances exist ----" keeping
the draft regional plan in cold storage.
In the ordinance section 17 and 29 the period for
objections from public reduced to a meagre 15 days.
Thus if a non Goan desires to purchase from a land
holder a 5000 m2 of paddy field he could ask the land
holder to file an application with the TCP Board and
the Government (meaning the TCP Minister) would call
for objections if any within 15 days (inclusive of
holidays and non working days) and clear the change of
land use from paddy field to say commercial use.
This is the case of TCP and also in the case of Outer
Development Plans which could be amended and altered
in the same manner by the PDA's
But the section 33 (1) has a hidden clause which says
that the Government (meaning the TCP Minister or the
TCP Board could cover even NON PLAN AREA this means
that every piece of land in Goa whether covered under
the PDAs as Planning areas or otherwise could be
changed from one use to another.
Therefore the mistaken belief of revenue villages
which have since been removed from some of the PDA's
e.g the revenue Villages of Salcete which were covered
under the 6.8.2004 Planning areas of Margao PDA and
removed under the 27.9.2005 extraordinary Gazette
could also be covered by the 33(1) amendment.
Therefore the demand is
a) withdraw the ordinance
b) cancel all PDAs
c) revoke all approvals granted by the NGPDA on 17th
and 10th November 2005 or any other acts done on the
basis of the ordinance from 29th September,2005 to
10th November 2005.
It is a shame that the elected representatives of the
ruling INC NCP MGP combine have necessitated one of
its senior MLAs a septgenarian to come on the street
when the MLAs are expected to reflect not their will
but the will of the people on the floor of the Goa
Legislative Assembly
It is not known why the ruling party MPs in the Lok
Sabha and the Rajya Sabha both Mr Churchill Alemao and
Mr Shantaram Naik are silent on the issue. Is it
because each one is trying to outbeat the other for a
Ministerial portfolio? And atleast that is the
suspicion because at least Mr Alemao who made noise on
the MOPA airport issue has been out of circulation in
the media for reasons unknown. Even with the tour
operators and the taxi operators threatening the
tourist season with their agitation which tends to
emerge as a nongoan goan issue there is silence from
Mr Alemao.
The morcha of 21st September, 2005 therefore seems to
be the turning point of the battle within the INC and
the ruling combine.
Let the support continue from all and sundry Goa must
be saved from the LAND SHARKS AND OUR POLITICAL
MERCENARIES .
GODFREY J I GONSALVES
Borda Margao Goa
9822158584
[EMAIL PROTECTED]
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