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GBA Press Releases

Letter to the Chief Secretary

Dated: 3rd Jan '07

To,
The Chief Secretary,
Government of Goa,
Secretariat,
Panaji, Goa.

Subject:- Goa Regional Plan 2011 – violations of the law

Dear Sir,

The Goa Bachao Abhiyan is deeply concerned and distressed about the lack of enforcement of the laws in force in Goa. We are sure, you are aware that the Goa Government in its affidavit and reply to the notice served upon them in connection with the writ petitions pending in the High Court against the Regional Plan 2011 has given an undertaking that no permissions/NOCs for development, recommendation of conversion under Land Revenue Code and permissions/reports etc. in any form shall be granted/issued based on the new areas shown for development in the Regional Plan 2011 until further orders.

Further, the affidavit filed in reply by the Government also states that the land use changes indicated in the Regional Plan does not allow development in the following cases:
1. Areas which are covered under notified/private forest or any other forest areas covered under the Judgement of the Hon. Supreme Court such as areas mentioned in the Sawant Committee Report etc.
2. Areas covered under the provisions of the Tenancy Act and Goa Land Use Regulation Act.
3. Areas covered and protected under Ancient Monuments and Archaeological Sites and Remains Act (State as well as Central Legislation).
4. Areas covered under the No Development Zone in the Coastal Regulations Zone Notification and Coastal Zone Management Plan.
5. Highways Act.
6. Areas covered under Command Area Development Act (CADA areas)
7. Areas covered under Planning Regulations dealing with slopes beyond permissible gradient.
8. Areas covered under Restrictions/Airport Prohibitions/Regulations covered under any other Central or State Acts in force.

We, at the “Goa Bachao Abhiyan” have been constantly receiving complaints from across the State of blatant violation of these assurances given by the Government to the Hon. High Court. It is clear to us that the concerned officials are either colluding or turning a blind eye to the illegalities that are proliferating. We are enclosing herewith a few examples of violations that are taking place for your reference.

We would also like to reproduce below an observation made by the Apex Court in Indian Council for Enviro-legal Action v/s Union of India and others (1996) S.S.C.C. 281, which is very relevant to the happenings today in Goa, where the Apex Court has observed as under:

“Enactment of a law, but tolerating its infringement, is worse than not enacting a law at all. The continued infringement of law, over a period of time, is made possible by adoption of such means which are best known to the violators of law. Continued tolerance of such violations of law not only renders legal provisions nugatory but such tolerance by the enforcement authorities encourages lawlessness and adoption of means which cannot, or ought not to, be tolerated in any civilized society. Law should not only be meant for the law-abiding but is meant to be obeyed by all for whom it has been enacted. A law is usually enacted because the legislature feels that it is necessary. It is with a view to protect and preserve the environment and save it for the future generations and to ensure good quality of life that Parliament enacted the anti-pollution laws, namely the Water Act, Air Act and the Environment (Protection) Act, 1986. These Acts and Rules framed and notification issued thereunder contain provisions which prohibit and/or regulate certain activities with a view to protect and preserve the environment. When a law is enacted containing some provisions which prohibit certain types of activities, then, it is of utmost importance that such legal provisions are effectively enforced. If a law is enacted but is not being voluntarily obeyed, then, it has to be enforced. Otherwise, infringement of law, which is actively or passively condoned for personal gain, will be encouraged which will in turn lead to a lawless society. Violation of anti-pollution laws not only adversely affects the existing quality of life but the non-enforcement of the legal provisions often results in ecological imbalance and degradation of environment, the adverse effect of which will have to be borne by the future generations”

In the interest of transparency and to ensure a “single window” redressal of grievances as regards violation of the assurance given by the Government to the Hon. High Court, we would suggest immediate appointment of a Nodal Officer for North and South Goa, who could be contacted by the Citizens across the State. The Goa Bachao Abhiyan will be pleased to be associated and assist any initiatives you may take in this matter.

We hope that you will take immediate and appropriate action in the matter in the interest of saving Goa from further ecological devastation.

Thanking you,

Yours faithfully,
GOA BACHAO ABHIYAN.
(Dr. Oscar Rebello)
Convenor.