GOENCHE PORJECHI MAGNIM
The State of Goa has enacted the Goa, Daman & Diu Town & Country Planning Act, 1974. Under this law, all development has to be in terms of the Act, Rules and Regulations framed thereunder. The central feature of this law is that a regional plan must be prepared and all development must be in terms of the regional plan. The Act also provides for an outline development plan. The regional plan takes into consideration various needs as reflected in Section 11 of the Act and remains in force for such period as provided in the Act. The plan takes into consideration the future needs of the residents. Amendments have been made in the Act which permit change of zoning, change of user during the lifetime of the plan. These amendments are the root cause of corruption in Goa, defeating the very object of legislations and changing the demography in the towns and villages of Goa where Goans are becoming outsiders in their own land.
NGOs, Activists and the people gathered here have agreed to the following Charter, to prevent further ecological and environmental degradation of Goa, its culture and its very ethos. The sacrifices of the freedom fighters who fought against Portuguese tyranny, the efforts of the Konkani Porjecho Awaz (KPA) who fought for recognition of language and statehood cannot be defeated by development which is not in the interest of the Goan people. On behalf of the people of Goa, this gathering adopts the following Minimum Charter, for the present, which reflects the general consensus and aspirations of the people of Goa, irrespective of their affiliation to political parties or other groups.
THE CHARTER
1. Hills and forests are the heritage of the people. All development and cutting of hills should be stopped forthwith.
Hills prevent floods and soil erosion. They help to maintain moderate temperatures and influence rainfall patterns. The roots of trees hold the soil together, especially on the slopes. The trees absorb carbon dioxide and release oxygen helping reduce global warming and keep air clean. It is therefore imperative on the principle of intergenerational equity that the hills and forests are preserved for future generations and that no development should be allowed on hills and in forests.
It is therefore the demand of the people that there should be no development on hills and in forests. All statutory provisions which provide for development on hills upto a particular gradient should be forthwith repealed.
DEMANDS:
- An immediate Ordinance should be passed or Bill introduced to make the necessary amendments to the Act or relevant Regulations stopping all development and cutting of hills.
- Till such time the laws are repealed, the guidelines issued by the Town & Country Planning Department by their circular dated 6th September 2023, setting out guidelines for permitting development on sloping land should be amended.
- In all cases where development is presently permissible on hills, the gradient should be based on the Contour Maps/Plans of the Surveyor General of India which are available with the Government. The office of the Surveyor General is the official surveyor in India and those Contour Plans are the official plans which have to be followed.
2. All development must be in terms of the Regional Plan/ODP as long as the Regional Plan/ODP is in force.
The Regional Plan is prepared taking into consideration the requirement for the next 2 or 3 decades. By the amendment, largescale changes have been made and are allowed to be made. Many ministers and MLAs are the primary beneficiaries. This is the biggest source of corruption and nepotism in the State of Goa. All amendments carried out in the Town & Country Planning Act which permit change of zoning, change of user, change of FAR should be repealed with retrospective effect.
Also amendment must be brought to the Land Revenue Code which permits only sale of agricultural land, whether tenanted or not tenanted only to agriculturists for agricultural purposes and who are residents of Goa for at least 30 years.
The Prime Minister’s promise to weed out corruption must start here by repealing these laws. These amendments to the Town & Country Planning Act are the major source of corruption.
DEMANDS:
- That an Ordinance be passed or Bill introduced forthwith to repeal all amendments to the Town & Country Planning Act (Sections 17(2) and 39(A)) and any other cognate legislations which permit (i) change of zoning, (ii) change of user and/or (iii) increase in FAR in those cases where the roads have lesser width than what is required under the law;
- An Ordinance be passed or a Bill introduced to amend the Land Revenue Code, preventing sale of land to non-agriculturists and non-residents.
- The amendment to provide that agricultural land (paddy fields, orchard land and other lands used for growing vegetables and millets, etc.) whether tenanted or non-tenanted can only be transferred by way of lease, sale, etc. if permissible in law, only for the purpose of agricultural activities and to those who are resident in Goa for the last 30 years.
- Until the laws are repealed, all permissions granted under the amendments must be kept on hold. In plots where development has not commenced or partially commenced, the work should be suspended.
3. No development in villages, towns and cities without conducting ‘Carrying Capacity’ survey.
The Carrying Capacity must examine the existing sewerage facilities, piped water facilities, availability of electricity, other infrastructure like roads. Largescale development should not change the demography and topography of our villages and such development should not pollute the groundwater resources, top soil, etc.
Plotting of land for development in villages, the say of the gram sabha should be mandatory while considering grant of development permission. If the gram sabha votes against granting permission and other bodies are in favour of granting permission, specific reasons in writing should be given by the head of the department / town planner, for such departure.
DEMANDS:
- The Government in the next budget must provide funds for the entire exercise to be carried out initially in the villages in the financial year commencing 1st April 2026 and in the towns and cities in the financial year commencing 1st April 2027.
- NEERI or any other Governmental body should be entrusted to carry out the survey.
4. No new constructions without providing drinking water to existing population
People of Goa in cities, towns and villages are facing acute shortage of drinking water, which is a part of their fundamental right to life. The people are entitled at least on the promise of the Chief Minister Dr. Pramod Sawant to 4 hours of drinking water daily.
In places like Dona Paula inspite of court orders to supply drinking water for 2 hours, water is barely available for an hour with low pressure or no water for some days in a week. The situation is worse in the talukas.
DEMANDS:
- Until adequate drinking water is made available, no permission for multi-storied buildings or projects for bungalows in gated communities or plots should be granted.
- Permission can only be granted as an exception to local residents for their residential home, maximum ground plus one.
5. Principle-based sustainable development
All development must follow the principle of sustainable development. These principles should include the polluter pays principle, the precautionary principle and intergenerational equity.
The first question to be addressed in any development, would be whether the development is generally required for the local people in the towns and villages.
DEMANDS:
- Based on the principle of intergenerational equity, we must preserve the land for future generations, which is now part of our ecological and environmental laws.
- These principles should be made part of all building permissions, where the cost of construction exceeds Rs.5 crores.
6. Re-examine all negative declarations given by Mamlatdars and other competent officers under the Goa Agricultural Tenancy Act, 1964
Negative declarations are given by tenants that they are named as tenants by mistake and actually they are not tenants of the property, owned by the ‘Bhatkar’. These declarations are accepted by Mamlatdars and the agricultural land is then sold by the Bhatkar in connivance with the tenant.
It is necessary to examine the entire records from the day the name of the tenant was included as a tenant and the agricultural produce as shown in Forms I and XIV and other materials. The first question in all these cases to the person seeking a negative declaration is why such applications were not moved when Forms I and XIV were notified.
DEMANDS:
- All negative declarations by tenants given by Mamlatdars and other competent officers under the Goa Agricultural Tenancy Act, 1964 for the last 5 years must be re-examined by a committee consisting of retired High Court Judges / District Court Judges.
- Amend the Goa Agricultural Tenancy Act, 1964 empowering for reviewing suo moto all orders which were based on suppression of documents, fraud and/or other illegalities.
- In all cases where permissions have been given by not considering these records, the negative declarations must be cancelled.
- All persons who participate in this process for applying and getting negative declarations by falsifying and suppressing documents, irrespective of their profession, should be prosecuted.
- An amendment should be carried out to the Goa Agricultural Tenancy Act conferring power on the mamlatdar of ‘review’ in cases where negative declarations were obtained by suppression of documents and/or fraud.
- Similar exercise must also be carried out in case of orchard lands.
7. No development should be allowed on / near natural water bodies, lakes, rivers, forests, hills, and seashores.
These are the natural heritage of the people, held in trust by the Government for the people and cannot be the subject matter of development. These are natural resources held by the Government in trust for the people in perpetuity. This is on the basis of Public Trust Doctrine, which has been recognized as law by the Supreme Court.
DEMANDS:
- Considering the Public Trust Doctrine, all projects must be subject to the polluter pays principle, precautionary principle and intergenerational equity.
8. Casinos are a ‘sin trade’
These casinos are polluting the river Mandovi which is our heritage. They cannot be allowed to be anchored for a ‘sin trade’ as described by the Finance Minister of India.
DEMANDS
- The promises made by political parties in their election manifesto or by various Chief Ministers, past or present, should be enforced immediately within a time limit of 6 months.
9. Structures in the CRZ are completely illegal
The State Government in the Goa Foundation vs. State of Goa in Writ Petition No.126 of 1996 dated 29th June 2000 had assured the High Court based on which assurances the High Court had issued various directions. The directions in that judgment must be enforced as of 29th June 2000.
Local or governmental authorities/officers, who issue defective show cause notices or pass orders without complying with natural justice, action should be taken against such officers as their acts are to assist and help parties who have contravened the law.
DEMANDS:
- All structures in the CRZ which are illegal must be forthwith sealed, licenses cancelled and demolished after due process.
10. Action against erring officers
The Arpora case is a classic case of corruption with the active connivance and abetment by governmental authorities in the running of the restaurant.
DEMANDS:
- Action must be taken against all persons / officers / architects / surveyors / engineers, who are party to or abetting the preparation and falsification of notes to help the applicant/developer/builder, contrary to ground facts or provisions of law in order to grant permissions.
- Immediate departmental action should be taken against them, including their suspension as these are clear instances of quid pro quo.
- Punishment in such cases should be dismissal from service with forfeiture of pension.
