Ganv Ghor Rakhonn Manch (GGRM) -Memorandum

Ganv Ghor Rakhon Manch
C/o # 1629/A Comlatolle,Vasswaddo,Benaulim, Goa- 403716

13/03/09

To ,
Mr Digamber Kamat
The Hon Chief Minister of Goa
CC Governer of Goa
President of India –New Delhi
Prime Minister of India –New Delhi



Ganv Ghor Rakhonn Manch (GGRM)
Memorandum
As you are aware, the Ganv Ghor Rakhonn Manch is a federation of various village-level and other civil society groups concerned with preserving the environment, livelihoods, identity and traditions of those living in the State of Goa and with the process of participatory planning.
Subsequent to a public meeting held on 28th February 2009, involving representatives from 40 villages, and our prior consultations with various other village groups from all over Goa, Ganv Ghor Rakhonn Manch (GGRM) presents the following statement to the
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Government of Goa, which outlines our objections to the ongoing Regional Plan process, indicating our reasons for the same, and the changes that must be affected if the Government is to display its commitment to the livelihoods and health of the Goan people and their environment, and to the. participatory planning processes enshrined in law, in conformance with the requirements of the Constitution of India.
STOP CONTRA PARTICIPATORY REGIONAL PLAN PROCESSES:
1. At the outset we convey our deep anguish that rather than carrying out the urgent legislative reforms described in the following section and which are critical to the participatory processes you have initiated for the RP 2021 preparation, you have passed, and/ or have proposed, legislative amendments and ordinances that are choking the participatory processes and denying them the necessary legitimacy, even as assured under the Draft RP 2021.
The Ordinance of your Government effecting a change to the Land Acquisition Act is only the latest indication of your absolute disregard for the processes of Law, where processes facilitating arbitrary rule are increasingly becoming the norm in the State.
You are called upon to forthwith and immediately repeal/ revoke the legislations/ ordinances passed from the date the Task Force was constituted, such as the amendments to sections 16 & 16A of the TCP Act, the proposed Goa Panchayat Raj Act Amendment Bill 2009 and the Land Acquisition (Goa Amendment) Ordinance 2009, and to desist from carrying out such anti-people or discriminatory legislations in the future.
IMMEDIATE DEMOCRATIC LEGISLATIVE CHANGES
2. You have recognized at paragraph 9.2.8 on page 128 of the Policy Document of the Draft Regional Plan 2021, that it is necessary for the Government to take immediate steps to make modifications as necessary in the Town and Country Planning Act, 1974, the Municipal Act, 1968, The Corporation of City of Panaji Act, 2002 and the Goa Panchayati Raj Act, 1994 to ensure that the process planned for the formulation, processing and implementation of RPG 2021 and its settlement plans fall within the process recommended by the Task Force. It should be noted that as of now, the entire Regional Plan process is proceeding outside of the space of law, making the process both arbitrary and open to challenge. And yet, instead of carrying out these urgent legislative changes, you have demonstrated utter apathy towards this very important legislative duty.
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It is therefore necessary that there be immediate modifications/revamping effected after public debate and discussion, as required in the Town and Country Planning Act, 1974, the Municipality Act, 1968, The Corporation of City of Panaji Act, 2002 and the Goa Panchayati Raj Act, 1994, as well as other legislation that needs to be harmonized with this, to create the legal framework within which the Regional Plan process may move forward toward fruition, as well as future replication.
OTHER IMPORTANT INTERIM REQUIREMENTS
4. The Government has proposed new Development Regulations as a part of the Draft Regional Plan 2021. By its own admission at paragraph 8.3.2 on page 118 of the Policy Document of the Draft Regional Plan 2021, the present Development Regulations are required to be withdrawn in toto as they are in conflict with these recommended RPG-2021 Regulations. This urgent need is also reflected in the sustained protests in all coastal and even some hinterland villages of Goa, displaying the people’s resentment with the destruction of the form and nature of their villages due to the Regulations currently in force. And yet, licenses are being granted unabatedly under these Regulations, thereby causing irreversible destruction of villages, rendering the draft RP 2021 redundant and making the people’s participatory process ineffective. Given that the formulation of the final RP 2021 would easily take at least a further six months to a year, permitting the current Regulations to continue to be applied, would cause further irreversible destruction of the rural areas in the State of Goa. Furthermore, given the furious pace with which licences are being handed out and constructions initiated, the continuation of these regulations make mockery of the detailed processes that many villages have undertaken in good faith as part of the Regional Plan process.
It is therefore imperative that as an interim measure there be effected a total and immediate freeze on the construction of structures in villages, not including individual houses built for personal occupation. Further these constructions, that are so determined to be permissible, should be in conformance to VP 3 Regulations, until the RP 2021 is finally notified.
5. Again by your own admission at paragraph 6.2.1 on page 103 of the Policy Document of the Draft Regional Plan 2021, Goa’s environment is under pressure due to promotional development and hence the Task Force considered it a priority to identify areas that needed conservation in the State and which are classified as eco-sensitive zones.

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Yet again by your own admission at paragraph 1.1.5 on page 118 of the Policy Document of the Draft Regional Plan 2021, data that was available with the Task Force for the purpose of preparing the Draft RP 2021 was uncoordinated and many a times erroneous, leading to wrong inferences. You have also affirmed the need for data to be verified and updated at the local level. Yet, licenses are being granted without taking cognizance of this urgent need identified by the Government, thereby causing irreversible destruction of the eco-sensitive zones which have to be conserved as per your own recommendation. The formulation of the final RP 2021 shall easily take six months to a year, and hence in the absence of identification of the eco-sensitive zones no construction activity should be allowed without verifying the ecological importance of the proposed construction site.
It is therefore imperative that as an interim measure, no construction be allowed in areas that have been demarcated as eco-sensitive zone-1 under the draft Regional Plan until the RP 2021 is finally notified.
In other areas, until the RP 2021 is finally notified, the construction of structures in villages be permitted only after the Gram Sabha verifies that the proposed site does not lie within an eco-sensitive zone-1.
6. At paragraph 9.2.8 on page 128 of the Policy Document of the Draft Regional Plan 2021, it has been firmly stressed that ODPs/CDPs are an integral part of RPG-21, and yet no processes have been delineated for people in the cities to discuss the Regional Pla. Even various villages that fall within in the shadow of municipality areas, for example, Taleigao and Chicalim, have been clearly told that they will not be a part of the Regional Plan process. Some other villages falling under the erstwhile ODPs such as Sancoale have been given kits and have been told to review the draft RP 2021, though the notified ODP proposes land use which is completely contrary to the land use proposed under the draft RP 2021.
Such a scenario makes a mockery of both the idea of a Regional Plan, where plans for future development are articulated based on data collected on the whole state and then woven together to allow for holistic development; as well as the need and Constitutional requirement for participatory planning in this process.
It is therefore imperative that your Government clearly indicate that the ODPs will be integrated into the Regional Plan process, that the residents of both the villages within these Municipality areas, as well as the residents of the Muncipalities themselves have an active, and clearly articulated legal role in the formulation of these Outline Development Plans.
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In conclusion we would like to restate the demands of the Ganv Ghor Rakhon Manch based on the reasoning that we have presented above.
The Ganv Ghor Rakhon Manch having evaluated the scenario unfolding via the preparation of the Regional Plan 2021 demands that
The Government forthwith repeal/ revoke the legislations/ ordinances passed from the date the Task Force was constituted, such as the amendments to sections 16 & 16A of the TCP Act, the proposed Goa PR Act Amendment Bill 2009 and the Land Acquisition (Goa Amendment) Ordinance 2009, and to desist from carrying out such anti-people or discriminatory legislations.

The Government immediately re-enact/ amend, after a thorough public debate and discussion, as necessary the Town and Country Planning Act, 1974, the Municipal Act, 1968, The Corporation of City of Panaji Act, 2002 and the Goa Panchayati Raj Act, 1994, as well as other related legislation that need to be harmonized, to create the legal framework within which the Regional Plan process may move forward toward fruition, as well as for future replication.

As an interim measure, until the adoption of the Regional Plan 2021, there be effected a total and immediate freeze on the construction of structures in villages, not including individual houses built for personal occupation. Further these constructions that are so determined to be permissible, should be in conformance to VP 3 Regulations, until the RP 2021 is finally notified.

No construction be allowed in areas that have been demarcated as eco-sensitive zone-1 under the draft Regional Plan until the RP 2021 is finally notified.



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In other areas, until the RP 2021 is finally notified, the construction of structures in villages be permitted only after the Gram Sabha verifies that the proposed site does not lie within an eco-sensitive zone-1.

a clear indication from your Government that the ODPs will be integrated into the Regional Plan process; that the residents of both the villages within these Municipality areas, as well as the residents of the Muncipalities themselves have an active, and clearly articulated legally recognised role (through the Goa Panchayati Raj Act, Goa Municipalities Act, Corporation of the City of Panaji Act and Town and Country Planning Act) in the formulation of these Outline Development Plans.

In conclusion we state that this is the last of the many memoranda that we have thus far submitted to you. We believe that your lack of formal and written response to any of our earlier memoranda is clear indication of your absolute disregard for the voices of the people, articulated with coherent and cogent reasoning. A failure on your part to respond to this memorandum by effecting immediately the interim actions we request, and by proposing clearly articulated time-frames for the remainder, within a period of 10 days from the receipt of this representation, will force us to mount a state-wide agitation against the government’s refusal to honour its earlier promises, to carry out its primary legislative duties and to respect the people’s reasonable demands.
Looking forward to your response,

Geraldine Fernandes
(convenor)