The highly selective approach of the conscience keepers of Goa would be seen in their stand on the following issues where obviously the 'conflict of interest' is either not detected due to poor homework or because there is a tacit understanding that these personalities deserve permanent exemption.Besides there are fundamental issues ( policies, legislative reforms, administrative mechanism, decentralization of powers to grassroots) to be addressed on the purpose and mandate of the so called "TCP review committee" that too under an officer who has been accused to shield mining interests and ironically 'prepared' both "goa mining policy' and "goa forest policy" which are awaiting cabinet clearance. After a careful thought I am constrained and compelled by conscience to paste some old correspondence ( make a composite reading of all three e-mails annexed below) on Regional plan and related issues.
Examine three latest developments:- 1). Government shelves City development plan (CDP) of Margao MC Questions"- a) Who prepared the plan at Govt. cost? Answer:- Arch. Rahul Deshpande and associates Incidentally Mr. Deshpande also happens to be the paid ( and prize winning too, we appreciate that) architect of GSSIDC and also a member of an important decision making task force on RP Goa 2021-would the conscience keepers ask Mr. Deshpande to make his choice now?. A panchayat member is disqualified if he/she takes government contracts. 2). GOAMAP criticism of ex-NIO biologist, mangrove champion Dr. Aravind Untawale GOAMAP commented-"GOAMAP also condemns scientist Arvind G. Untawale, former director of National Institute of Oceonagraphy, Dona Paula who has prepared report for Goa Governemnt declaring that there are no mangroves in Pachwadi to benefit Sesa Goa mining company. GOAMAP advises Dr. Untawale and other scientists not to indulge in unethical practices to favour mining industry." I have not seen or studied the report. Nobody can doubt Dr. Untawale's knowledge , expertise and interest reg. mangroves. So it is difficult to believe the comments if we read what he had said in Mumbai-check the news item-Report indicts CIDCO, MHADA, MMRDA(check the weblink http://timesofindia.indiatimes.com/articleshow/8501673.cms ). Dr. Untawale had done excellent consultancy for Industrialist Godrej foundation leading to conservation of pristine mangroves at Wikhroli. But Panchwadi is an ecosensitive area where no mining should be allowed at any cost. I am trying to get a calling attention motion on this issue in Goa assembly. GOAMAP could help. But is there no conflict of interest if Dr. Untawale continues to be a member of CZMA almost from the beginning all these years?. And why there is a retd. geologist sitting on CZMA?. Is there no conflict of interest?. Another geologist/marine scientist is member secretary of Goa state biodiversity board- How he would reconcile the interest of mining companies and biodiversity conservation? 3). Constitution of govt. committee on review of TCP act, 1974 I maintain that RP-2021 has to be dumped, scrapped immediately and all those who helped in laying down this dangerous trap owe an immediate apology to people of Goa. Spatial planning powers to be fully decentralised. State land use board and land resources management committees need to be recast and activated. RP-2021 would ensure with better maps, GIS etc. programmed, stepwise, intelligently planned systematic, externally aided destruction of Goa. The folly would be realized once harassment of the people post notification begins. It is different matter that I had campaigned in favour of Model TCP act, 1998 was an active and integral part of CSJP's pre GBA deliberations in 2005 (see E-mail ANNEXURE 1-the draft of letter/ press release which I had assisted to revise and ponder whether GBA has received answers to the issues raised way back in Dec. 2005by an important organ of the Church itself) and in all sincerity made suggestions to the CM after a farcical meeting on TCP act in October 2007, (see ANNEXED e-mail 2 below). Now look at the composition of the new review committee- 1. Commissioner & Secretary (TCP) … Chairman. 2. Adv. *Mahesh Sonak* … Member. 3. Adv. *Nitin Sardesai* … Member. 4. Adv. *Cleofato Countinho* … Member. 5. Under Secretary (Drafting/ … Member. /Law) Law Department 6. Ms. *Patricia Pinto* … Member. 7. Shri *Shridhar Kamat* … Member. 8. Shri *James Mathew*, … Member *Senior Town Planner *Convenor. Do you find anything odd, missing?. It is an interesting government committee where present/past/active/passive/dormant members of GBA would sit with lawyers representing Aldeia de Goa and other builders' or miners interests. Let them come forward and show that they don't have such 'conflict of interests'. I am also pasting below (See ANNEXED E-MAIL 3 below) the information sought by a member of GBA on Aldeia de Goa project. The PIL was filed much later. Now let me see how the 'conflict of interest' issue is being resolved by our conscience keepers in Goa and outside. ANNEXURE-E MAIL DOCUMENT-1 LETTER/PRESS RELEASE BY CSJP IN DECEMBER 2005 WHICH I HAD HELPED TO DRAFT AND REVISE *COUNCIL FOR SOCIAL JUSTICE AND PEACE (CSJP)* Archbishop’s House Altinho, Panjim, Goa Ref: CSJP/Misc-Iss/5(g)/TCPED-PDA-2/Gen-27 13th December 2005 To, Mr.Morad Ahmed Chief Town Planner Town and Country Planning Department Government of Goa Subject: Final draft Report of theRegional Plan of Goa2011 Reference Government Notification NO. 29/8/TCP/2005/3338 dated 18th November 2005. Sir, With reference to the Government Notification cited above this Council having studied the Revised regional Plan Final Draft Report (FDR) September 2003 and related documents/references in consultation with knowledgeable experts has the following Observations/Comments to offer; 1) The FDR has not taken into consideration the existence, the spirit and the statutory provisions of the 73rd and 74 th Amendments to the Constitution of India which make it mandatory for the state Government to involve local Bodies (Panchayats and Municipal Councils) in the formulation of the developmental / Regional Plan for the State. 2. In October 1998 in view of the Constitutional Amendments act (73rd and 74thAmendments), the Town and Country Planning Department had convened a high level Conference, called “Goa Beyond 2000” to discuss a “New Regional Plan for Goa” and a “Model Town and Country Planning Act”. The Draft of the “Goa Town and Country Planning Act, (revised), based on Model Urban and Regional Planning and development Law (revised) prepared by Ministry of Urban Affairs and Employment, Government of India, New Delhi”, officially printed at the Government Printing Press (78pp. 14 chapters, 189 clauses) made available in print then, envisaged devolution of spatial planning powers (chapter IV, V) to District Planning Committees and Local Bodies. The preamble of the said act, titled The Goa Town and country planning act, 1998, said –“ An act to provide for the promotion of development and regulation of growth or urban and rural areas in the state as a consequence of constitution (73 rd and 74 th amendment act, 1992) and for the purposes connected with the matters aforesaid.” The Government has remained silent till date on this important document. 3) The FDR is seriously flawed in as much as it has made its recommendations on the basis of the out-dated data such as the use of Census 1991 data even though the data of Census 2001 was available to those concerned at the time of the preparation of the final Report. . In view of the above it would be impractical to accept the so called Revised Regional Plan i.e. FDR in its ’present form’. The Government should not Act/proceed on this FDR or take steps to implement it in whole or in part, in its’ present or revised form unless and until it makes its role categorically very clear, giving satisfactory and official written/printed explanations in a democratic, transparent , responsible and accountable manner, specifically on the following pertinent issues : i) Steps taken for the devolution of planning powers to local authorities under 73rd and 74th Amendments. ii) The status and the fate of the draft act called “The Goa Town and country planning act, 1998 “ officially printed and circulated in 1998 and the reasons for not proceeding with it; iii) The details of functioning of District Planning Committees constituted in 2004 iv) Success/failure in meeting the objectives of the previous Regional Plan, 2001 on basis of a sector by sector review. v) Success/failure in exercising the mandate of State Land Use Board and State Land Resources Management Committee vis a vis National Land Use Policy, National Policy on Pastures, National Agricultural Policy etc. on basis of an independent review vi) Success/failure of various Planning and Development Authorities (PDAs), dissolved and re constituted from time to time in preparing the Outline Development Plans (ODPs) and the Comprehensive Development Plans (CDPs) on basis of an independent review. vii) The failure of the State to draft a State Rehabilitation Policy and State Rehabilitation Act to protect the rights of project affected/displaced people/project oustees before declaring any mega projects having a substantial social or ecological footprint/impact and/or before acquiring large tracts of land in “public interest” viii) The failure of the State to lay down a clear policy on privatization and private participation in infrastructural projects and leaving the field wide open for procedural/legal/technical manipulation by the unscrupulous private interests/investors/promoters/developers as may be the case; ix) The failure of the State to spell out its’ clear and unambiguous policy consistent with the UN policy and guidelines on sustainable urbanization and formulate/prepare clear, environmentally sound , socially acceptable plans on sustainable urbanization in the state instead of encouraging any new urban townships/growth centers/urban centers/cities promoted by the government with or without private participation by sacrificing precious land assets and fragile natural habitats x) The failure of the State to declare its’ people oriented and environment friendly housing policy which would respect and preserve Goa’s ecology, cultural identity, architectural ethos, land resources, natural habitats, watersheds and which would not encourage the influx of land sharks, real estate speculators and hoards of migrants to the state at the cost of displacement of peace loving Goans or by causing interference in their traditional way of life or livelihood. Fr. Valeriano Vaz IN - CHARGE ANNEXURE 2-REPLY RECEIVED AND ORIGINAL LIST OF POINT TO POINT SUGGESTIONS (COMPARE WITH THE WORK THE NEW GBA SUPPORTED COMMITTEE WOULD DO) fromcm....@nic.into"Dr.Nandkumar Kamat" <nandka...@gmail.com> dateMon, Oct 15, 2007 at 5:03 PMsubjectRe: Followup of review seminar on TCP act, 1974-mailed-bynic.in hide details 10/15/07 FROM THE OFFICE OF THE CHIEF MINISTER - PORVORIM, GOA Sir, Thank you for your email. The same has been forwarded to the Chief Minister for his perusal. Thank you and regards - Hide quoted text - FromDr.Nandkumar Kamat <nandka...@gmail.com>to"cm....@nic.in" <cm....@nic.in > dateMon, Oct 15, 2007 at 2:27 PMsubjectFollowup of review seminar on TCP act, 1974-mailed-bygmail.com > Attention dear CM, > The following are my recommendations regarding the course of action > government has to follow on TCP act, 1974. I am preapred to give any > ideological, intellectual, technical help if the government so desires in > this regard voluntarily, in public interest. > 1. Upload the tcp act 1977 and the abstracts of the oct. 13 seminar papers > on Information department's website for public scrutiny ( action by CTP > and > Mr. Babush Godinho STP) > 2. Do not leave the law making procedure in the hands of the CTP Mr. Morad > Ahmed. He is not well versed in legislative reforms. > 3. Since changes in TCP act, 1974 is a sensitive issue, after the code of > conduct is over the CM need to call an all party consultative meeting to > apprise/sound the major registered political parties about the steps > government intends to take in public interest. Good suggestions could be > accepted. This would be an important gesture before assembly session. > 4. Immediately (within this week) commission a performance report of TCP > act, 1974 from CTP and all the PDAs vis-a vis enforcement of the various > applicable sections of the act since 1987 > 5. Order an in house a chapterwise analytical report on implementation > /failure of recommendations of regional plan 2001 (not the controversial > RP-2011) which would tell the government about the reasons of systemic > failures > 6. Constitute a legislative reforms committee (LRC) before end of October > 2007, with 8-10 members under the chairmanship of CS for drafting the new > TCP act.This committee would then nominate a small drafting committee. > 7. This committee , i.e. LRC could be fairly representative with official > and non official (non political) members and should not comprise > activists > without techno-legal background or knowledge of law making. I recommend > Adv. > Norma Alvares of Goa foundation as one of the non official member. > 8 The committee must take into account the reports prepared under 2 & 3 > above, besides the 1974 act, refer to model TCP laws across the > country/world and also use as base act-the model act of ministry of urban > affairs and employment, govt. of India sent to Goa in 1998 ( a copy has > been > given to the CS) > 9. the committee under CS must invite public comments/suggestions from > grass > roots level and for this purpose the information material should be > disseminated in Konkani and marathi languages > 10. The above committee can complete the task before Janauary 2008. > 11. The draft TCP act, 2008 can be then sent to the law dept. cabinet etc. > before introduction as a bill in January/march assembly session 2008. > 12. The new act should be user and people friendly and the common citizens > should feel comfortable with its' provisions. > 13. The house can even refer the new act to a select committee. > 14. if the new act gets broad public support then there would be no need > of > a select committee. > 15. The new TCP act could come in force from October 2008. > 16. a time frame of one year from today need to be kept for the above > purpose, i.e. critical review, multistakeholder consultations, drafting, > tabling, passing, notification. > 17. During this entire process public statements would be made only by the > CS to avoid contradictions and confusion in media. > 18. the entire process should be transparent, participative and generate > interest among the people restoring their lost faith in the government > machinery. > It is expected that the government would also simultaneously work on > public > policies as I had mentioned in one of the previous mails. > > -- > Dr. Nandkumar Kamat, GOA ANNEXURE III-STILL UNANSWERED QUESTIONS ON ALDEIA DE GOA WHICH LAWYER/S IN THE NEW COMMITTEE REPRESENTING THEIR INTERESTS MAY APPRECIATE fromDr.Nandkumar Kamat <nandka...@gmail.com>tocsjp...@gmail.com cc"Dr. Nandakumar Kamat" <nka...@unigoa.ac.in> dateFri, Dec 29, 2006 at 1:03 PMsubjectUrgent attention Fr. Maverick Fernandes-15 pertinent questions on the Billion Rs. "aldeia de Goa' project mailed-bygmail.com hide details 12/29/06 Dear Fr. fernandes, Happy Christmas and new year 2007! I prepared the following matter on specific request from Konkani writer and editor of "BImb" , Konkani monthly, Mr. Dilip Borkar. I am sending you this for the information of CSJP and the HH rev. Archbishop of Goa.The project has no clearance Under EIA-2006 notification. Another project is coming up at scenic Gouli-Moula hills. With best wishes Nandkumar >From Public policy spokesperson of Goa Peoples' forum & Environmental Impact Assessment expert Dr. Nandkumar M. Kamat, 15 Questions about Aldeia de Goa project coming up at Bambolim *The following is taken from the website of 'Aldeia de Goa' project and tells us about its' massive dimensions. * *" Goan Real Estate & Construction Ltd (GREC)** * was incorporated in the year 1989 for the purpose of developing prime land at Goa. In the year 1991, Dynamix Group, well known and leaders in the field of real estate, realizing the potential of developing plots at prime locations in Goa, acquired controlling interest in the Company. Once done, large scale development was undertaken in the form of increasing the land holdings and putting basic infrastructure in place viz. Concrete Roads, Landscaped Garden, Street lights, Swimming Pool, Amphi theatre etc... A number of plots have already been sold and buyers are constructing their dream bungalows. Further development work is going on in full swing. On the anvil is development of Commercial Complex, School, Luxurious Villas and a Five Star Hotel, making the project unparallel in Goa. Aldiea De Goa - truly a Hill Station by the Sea. Aldeia de Goa has been specially planned to ensure a high standard of living. On offer are approx. 225 plots measuring 350 sq. mts. onwards. Customers desiring a larger area can book multiple adjoining plots. Barely 30 minutes from the airport, *Aldeia de Goa *is a professionally planned property by Dynamix Group." *On such background , now some of the basic questions which the developers and government authorities need to answer are:- * 1. *Why this project has not done the mandatory Environmental impact assessment (EIA) consistent with Govt. of India notification dt. 14/9/2006 ( published in Gazzetee of India, extraordinary, Part II, section 3, subsection (ii) MOEF, New Delhi?. Why the Goa state pollution control board has not raised any objection? (refer to 8 (a) and (b) of the schedule to above notification-"building and construction projects".* 2. *The Ministry of environment and forests insists on mandatory central government clearance if such projects are located within 10 kms. of a notified wildlife sanctuary. How Goa government permitted Aldeia de Goa project which is located within just 7.5 kms. of boundary of Chorao's Salim Ali bird sanctuary, as the crow flies?* 3. *How the Town and country planning board and NGPDA permitted cutting of the hills with steep gradients and how the forest department permitted slaughtering of hundreds of trees and destruction of wildlife habitats on the slopes of these hills?. How the land use was changed?. *** 4. *Why did not the forest department made inquiry into the illegal transport of the fallen timber without license and its' disposal in violation of the tree conservation act? *** 5. *The hills are rich watersheds and need to be conserved as per the guidelines of Goa state water policy-2002. The groundwater recharge depends on these hills. How Goa water resources department permitted destruction of these watershed? *** 6. *How state groundwater officer permitted digging of borewells and full privatization of the rich groundwater resources in 50 hectares land at the cost of existing springs considered sacred by the villagers of Nauxi and Bambolim?. *** 7. *How the tapping of uncontrolled groundwater by the developers is monitored?. How many visits the state groundwater officer has paid to the site? *** 8. *What action the government has taken for the violation of the CRZ?. How the company got the benefit of a "river" instead of a 'bay". There is no river below the project site. It is extension of the waters of Siridao bay and the NIO scientists can prove that the beach below is basically a marine beach. How the developers have been advertising an exclusive beach"for their clients?. Would the beach be fully privatized?. Would the entry to locals be closed in violation of the Goa highcourt orders vis-à-vis Bainguinim beach in cidade de Goa case? *** 9. *How the Village panchayat of Curca-Bambolim-Telaulim issued construction licenses to the project without any clearance from the gramsabha?.Why the local talathi did not make a routine inspection report despite land use violations? *** 10. *How the developers could barricade and divert the coastal PWD road linking Bambolim-Dona Paula road to Siridao village?*** 11. *All the five star hotels need mandatory EIA clearance. Were these obtained from the central government in case of the proposed five star hotel within CRZ? *** 12. *What about the basic human rights of the project affected local villagers? What the government has done for them? *** 13. *Have the income tax authorities, the directorate of revenue intelligence investigated the transactions in property dealings here?. Are we sure that Mumbai underworld is not involved in Benami investment? *** 14. *The project is dangerously close to Marmagoa port and comes within a hitting distance of shoulder fired missile in the flight path of numerous civil and naval aircrafts taking off at low height and landing at Dabolim airport a few kilometers away. The Indian and foreign warships anchoring at Marmagoa port can be spied upon from this site and can also be hit in a clandestine manner. How such a sensitive and large project was cleared from national security angle? *** 15. *What do the minutes of town and country planning department clearing this project show?. On what grounds permissions were given?. What were the conditions and who monitors their compliance-in what manner? *** Such a sinister megaproject is just a beginning for systematic privatization of the northern coastline of Tiswadi, the fragile island's natural resources, groundwater deposits and scenic vantage points. Such forced colonization by the rich, wealthy and politically influential persons of this belt dominated by the STs of Goa-the peace loving Gavade community ( from Aivao, Odexel, Cancra, Navxe, Bambolim ) is a serious violation of country's constitution, environmental laws and human rights. It needs to be stopped in its' tracks and a high level inquiry needs to be ordered to fix accountability of all those who were involved in supporting and clearing it. The role of six government departments-Environment, Forests, mines, town and country planning, revenue, water resources and three agencies-NGPDA, Pollution control board and Town and country planning board comes for detail public and judicial inquisition. *(There is similar project-a massive residential complex, Raheja carribean ( 21-585/2006-IA.III, at historic and scenic Goulim Moula hillock, survey nos. 32, 33, 34, Old Goa road, which is pending environmental clearance from MOEF as of 15/11/2006. It needs to be opposed at the stage of public hearing whenever it comes up)* Dr. Nandkumar M. Kamat December 26, 2006 Taleigao, Goa -- Dr. Nandkumar Kamat, GOA