A law unto itself
A Bill that seeks to debar courts from overruling orders of the state's TCP Department, a misguided Sunburn 'suggestion' and a positive story from Assagao all feature in this week's round up from Goa.
Hi folks,
We meet again after what has been an eventful week -- quite frankly calling it an eventful week would be an understatement given all that has transpired since -- both personally and politically in the state.
At the outset let me state that there’s a story I’m working on bringing out to you, however, that will have to wait until I compile the data, understand the implications and understand it well enough to elaborate as simply as possible.
But even without that, there’s more than enough to delve into what made news in Goa during the week gone by, so let’s dive straight in.
A law unto itself
Let’s begin with the most alarming news report to come out of Goa this week. A report in the Times of India that, quoting government sources, said that the Goa cabinet has approved a bill that effectively states that “neither any court nor any authority can overturn the approvals, certificates and reports that have been granted by the Town and Country Planning Department.”
While the Bill is yet to be tabled before the House (Goa Legislative Assembly), the report says it has been approved by the cabinet, meaning the next stage should ideally be it being tabled before the house. Things will be clearer when and if the actual text of the bill is made available and the government could yet change its mind.
That said, in effect, Goa’s Town and Country Planning Department wants to give itself absolute powers, without any forms of checks and balances and without any judicial oversight as the final arbiter over what’s allowed and what’s not allowed when it comes to deciding construction licences in Goa.
Predictably activists and all right thinking people have been up in arms. The Goa Bachao Abhiyan, famed for its role in forcing the government to backtrack on the controversial Regional Plan 2011 that was scrapped by the Digambar Kamat government, in a statement issued to the media called the move “reminiscent of a coup.”
“No individual, department or policy is greater than the same, nor can they seek to take away the recourse to justice for any citizen of India in case of malafide, unfair policies that seek to subjugate the rights of people. The Supreme Court upholds values of the constitution and we expect the sworn elected minister for Town And Country Planning Vishwajit Rane to abide by the same,” the GBA said.
It goes without saying that the doctrine of separation of powers is a well established principle and upheld by several judgements of the Supreme Court as well as High Courts. That said, we hold out hope that better sense will prevail especially since the government itself will well be aware that constitutional Courts in India derive their powers from the constitution and no law can overrule or nullify powers given to the courts from the constitution.
What can you do about it?
This is an ongoing issue and as such, don’t expect that this is the last you will hear about it. On the contrary, while on one hand week after week more and more land in Goa is being converted, so too a movement is building against the conversions. To know more about this movement, you need to follow the work of the Goa Foundation, arguably Goa’s most well known NGO and the Goa Bachao Abhiyan, but more that that, watch this explainer video by Tahir Noronha on Instagram to understand what’s happening and this video by Goencho Avaaz’ Swapnesh Sherlekar who has urged those who care to write to him at ipsavegoa@gmail.com should you need any help in legally registering your protest at what’s currently happening.
Join the movement
It isn’t just the activists who are up in arms against what’s happening in Goa. Last Sunday, members of the gram sabha at Agarwada-Chopdem demanded that the village challenge the conversions of land that have taken place in their village by the Town and Country Planning Department. A similar riotous uproar at the gram sabha of the Karapur Sarvan village in Bicholim, where a mega luxury project is planned, demanded that the land conversions be scrapped.
Unfortunately, powers of panchayats have been weakened to such a level that they have little say in negating a project once the TCP has approved it, people’s opinion be damned.
All the more reason why mass public movements are necessary. Hopefully, given the growing angst, such a movement reminiscent of the 2007 GBA movement is not too far away.
Sunburn saga continues
Away from the land matters, there was a troubling suggestion that emerged from the holy land of Old Goa that thankfully died a quick death.
The local MLA and Congress turncoat Rajesh Faldessai decided to, amidst all the din surrounding the hosting of Sunburn festival at the Quitol plateau in South Goa suggested that he would like to hold a “mini-Sunburn” at the helipad at Dauji in Old Goa belonging to the tourism department.
Rajesh’s thoughtless suggestion was quickly shot down and soon later he too realised his folly at suggesting to host an EDM music festival coinciding with the Exposition of the Sacred Relics of St Francis Xavier that is scheduled for later this year. Rajesh’s plan will have to wait.
Meanwhile, Sunburn’s plans for hosting the event in south Goa this year hit a roadblock after the Goa Industrial Development Corporation (GIDC) who is the custodian of the land at the Quitol plateau in Betul said they have rejected permission for the festival. It marks perhaps the first time that any government agency has said ‘No’ to Sunburn over the last decade or so that it has been in the state.
On a positive note…
Goa’s village of Assagao, once nearly abandoned and overgrown as people moved out and homes were left empty, has lately been in the news for all the wrong reasons -- not just for the demolition of a disputed house by Pooja Sharma and her ‘team’ but also because the scale of land deeds being witnessed in the village. A report in The Goan Everyday claims that 2,308 Indians are purchasers of plots and structures in Assagao with even as 200 square metre plot selling for over Rs 1-crore.
Among the foreign nationals, there are 39 Canadians, 42 British, 45 Americans, 16 Singaporeans, 6 New Zealanders, and 4 French nationals. Additionally, there are 1,305 vendors and 921 purchasers, with 281 from Delhi, 94 from Haryana, and 42 from Uttar Pradesh.
But that’s not what this piece is about. Instead, allow me to point you to an initiative taken by a family of expat Goans who opened their 150-year-old ancestral home in Assagao, to run a community centre “which will also welcome new neighbours and show them how to be a part of Goan village life.” Children of a freedom fighter, Victor D’Mello, Alan and Allison have opened their home with the hope of bringing a village together like in the days of old. Do read the Herald, and The Goan Everyday reports on this initiative and hopefully the “new neighbours” will respond in kind from behind their bougainvillaea hedges and look behind their manicured lawns to find a sense of community that Goa has been known for.
Gerard, not only is the bill unconstitutional but it is also a reflection of TCP Minister Vishwajit Rane's dictatorship. He wants to brazenly ensure that there is no one to counter his highhandedness. Sadly your newspaper, The Hindustan Times, is appeasing him. Why was your report on the land conversion buried by your HT bosses? The breach of privilege threat is a flimsy excuse. There's something deeper here.
Hello Mr. Gerard thank you for this.
Great writing.
I have a question, how are foreigners buying land in Goa, is there a provision or they buy via secondary ways with local Indians in picture ?