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Good? Bad? Ugly?

Who’s protecting them?

On the 23rd of December 2006 GBA witnessed a horrifying sight in Bambolim. A large tract of land full of trees was being razed by bulldozers barely 20 meters from the shoreline while a whole section of a hill had been deeply excavated. The local residents who protested were harassed by the builder’s strongmen and there were live electric cables laid around the property to electrocute unsuspecting villagers. The builder even had the local police in their pockets as is so often the case with the mega rich building lobby. As if to hide their crime the builder had camouflaged the side of the hill being cut in green fabric. Enquiries in the GBA's presence with the Town & Country Planning Department and the Additional Collector failed to produce any valid documentation or licenses to carry out any of the work in progress. The Additional Collector issued a stay on all work that evening and this is how things now stand as of today.

The case

The Developer: Goan Real Estates and Construction Co. Pvt. Ltd.
The Project: Aldeia de Goa Residential buildings in Survey No. 95/1 and 96/1 of Village Bambolim
Illegality committed: Hill cutting of gradient more than 1:10 and without required permissions.
Previous condition of site: click on Google IMAGE below

Present condition: See photographs
Action taken by authorities: Construction work has been stopped vide Order No. 4/1/2006/CRZ/943 dated 22.12.2006 of Additional Collector (North), Office of the Collector, North Goa District, Revenue Branch, Panaji, Goa.

What does the law specify as regards illegal hill cutting?

The Goa Town and Country Planning Act
17A Prohibition on cutting of hilly land and filling up of low lying land etc – No occupier of any hilly or sloppy land or any low lying land shall, by himself or through his servants or agents or any other persons, undertake the work of cutting of any hilly or sloppy land or filling up of any low lying land, in, over or upon any hilly or sloppy land, as the case may be, without obtaining the prior written permission from the Chief Town Planner.

Section 17A says:

(i) “low lying land” means and includes any land 50 cms. or lower than the adjoining ground level;
(ii) “hilly land or sloppy land” means and includes any land having a gradient of 1:10 or more.

17B. Penalty for contravention of section 17A –
(1) Whosoever contravenes or abets the contravention of any of the provisions of section 17A, shall be punishable with simple imprisonment for a period which may extend to one year or fine which may not be less than Rs. 1.00 lakh or with both.
(2) An offence under this section shall be cognizable.

Things as they stand

As per Order dated 22.12.2006 of the Additional Collector (North) the work is at standstill.

On 16.3.2007 this matter was discussed in a meeting called by the Chief Secretary with all the Authorities and the GBA. After a presentation made by the GBA, the Chief Secretary stated that investigations should be carried out in the matter and if the Company has gone against the law, the structures should be demolished. The Chief Town Planner and other officials from the TCP office present nodded.

Thereafter, Goa Bachao Abhiyan under the Right to Information Act obtained a copy of the FIRs filed by the Town and Country Planning Department against illegal hill cutting in the State.

GBA was shocked to discover that no FIR had been filed against M/s. Goan Real Estates and Construction Pvt. Ltd inspite of the Order of the Additional Collector and the presence of an Officer from the Town Planning Department at the time of inspection in December. The TCP Officials also hid this fact from the Chief Secretary in the 16th March meeting. WHO IS PROTECTING THE COMPANY?

On 10th May, GBA was given to understand that the Company has applied to the Town and Country Planning Department for regularization of the hill cutting on 15.4.2007. The Law does not provide for regularization of illegal hill cutting. There is also a case of hill cutting at Taleigao (Sailem Bhat) which has been sent to the Government by the TCP department for regularization.

The GBA has taken up the matter on 10th May, 2007, with the Chief Town Planner. Refer to letter.

Will justice be done? Will Goans be passive bystanders as every law intended to protect their state is either abused or manipulated by power hungry politicians and greedy builders? Will we ever have a government that will stand up for what is right rather than what is populist? Do the penalties as stipulated by Section 17B of the TCP Act have any meaning at all or is it just another piece of text that the people of Goa spit on? So many questions with all the wrong answers this far!

Keep a watch on this space as this story unfolds.

Good? Bad? Ugly?

Who’s protecting them?

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