SELECTIVE JUSTICE
Jan 9th, 2010 | Category: In DepthBY PRADNYA GAONKAR
The government has initiated a demolition drive to rid Goan coasts of CRZ violations, but locals point out that their humble homes are being destroyed while the powerful and the beautiful get away unscathed.
AFTER MORJIM, the axe fell on eight Coastal Regulation Zone-violating structures in Calangute and three in Benaulim on January 7, 2010. The agitated local panchayat bodies and municipalities the High Court has censured have slowly initiated action against the violators. But it appears that the action is an eyewash as the original structure still remain untouched and sections of the structures have been brought down. It is feared that the demolition is just to pretend that the local governing bodies are alert.
Earlier, on Thursday, January 5, 2010, a demolition squad headed by Pernem Mamlatdar Bhushan Savaikar, accompanied by 40 policemen, razed the illegal structures. Illegal constructions belonging to Russian company True Axis Resort Private Limited on survey number 119/3 within CRZ limits at Tembwada, Morjim, were finally razed by the authorities on Monday. It has been almost over a year since the demolition order was first issued by the Goa Coastal Zone Management Authority (GCZMA). The demolition squad also razed three other illegal structures belonging to locals, against which demolition orders were passed by the Morjim panchayat. On Monday morning, the demolition squad comprising a JCB and PWD labourers, razed the illegalities. Sources said the Russian structures comprised a room of about 20 square metres and a 250 metre-long, two-metre high compound wall of laterite stones. Besides being in the CRZ area, sources said that a two-metre high compound wall is illegal.
TRUE AXIS
THE North Goa District Collectorate had issued fresh demolition orders against the illegal compound wall and a ‘pucca’ structure belonging to True Axis on December 21, 2009. The earlier order of the GCZMA dated December 18, 2008 had been returned by the Collectorate. The Collectorate tried delaying the demolition by a year due to political interference. The initial order forwarded by the GCZMA was addressed to True Axis director Francis Xavier de Souza, a local representative. To this, the additional collector had replied saying that Francis Xavier de Souza was no longer a director and that Rashid Valiulin and Ana Litvinova were directors of True Axis. GCZMA countered if one director left, action against the company should not stop.
The company had come under the scanner of the Goa Coastal Zone Management Authority along with three others - Artlibori Resort Pvt Ltd, Casa Blanca and La Valencia hotel in Morjim - for violating CRZ norms and the Environment Protection Act. While investigating whether the land purchased by foreigners in Goa violated any norms, GCZMA noticed that True Axis Resort Pvt Ltd purchased about 22,631 sq m of land falling under CRZ area. The Enforcement Directorate, Mumbai had also questioned the illegal purchase of 20,000 sq m of agriculture/forest land in Morjim by the company, despite a ban on foreigners purchasing agricultural/forest land in India. The increasing purchase of land by foreigners in Goa has raised questions over the legality of the procedures followed by companies investing in Goa. Reportedly, a majority of the violations are by Russians with the maximum number listed in Morjim. The number of Russians in Morjim has risen from less than a thousand six years ago to 45,000 in 2008. About 200 Russians and their spouses are on business visas, while the rest are tourists.
Opposition Leader Manohar Parrikar has been consistently pointing to the Russian mafia along the Mandrem-Morjim belt. It is not the first time that the illegal purchase of land purchase by foreigners has created a stir. Earlier, a delegation led by local Rajan Ghate and a few villagers, ploughed the area making their intentions clear of obstructing foreign intrusion. But it appears that the intentions have slowly turned into business minds wherein the locals themselves have gotten into partnership with foreign investors. The modus operandi followed very clearly highlights the participation of locals, along with local governing bodies, to lend a helping hand for their personal interests.
MODUS OPERANDI
A local who has attempted to make a place for himself in the tourism industry reveals how these partnerships work: a foreigner holding a commercial visa teams up with a Goan and they float a partnership. The firm invests in properties in Goa, starts a business, buys land and develops it. After a few months, the Goan partner resigns, leaving the properties in the hands of the foreign national. True Axis is a similar example. Foreigners invest on behalf of some foreign companies, making it difficult for the local governing bodies to verify their credentials with existing resources. Goa has been the favourite market for foreigners, especially in the time of recession, where poor policing, lax administration and absence of checks on the foreign dealings have created loopholes in the system for anti-social elements to thrive and carry out illegal trade.
A senior citizen, who is a witness to the changes that have taken place during the last few years, explains how the beaches (which used to be the second home for the local fisherfolk community) have been invaded by foreigners, guest house owners, rave party revellers, etc. The access roads to the beaches are obstructed by huge walls of beach shacks, restaurants, etc. When fishing was the main occupation, the local fishermen used the hut-like structures along the beach to keep boats, nets and other gear. But, with the intrusion of foreigners, the same huts have now been transformed into shacks and tree houses, marring the pristine green beauty of the beaches of Goa. Many jewellery showrooms, guest houses, hotels, cyber cafes have been started by foreigners with name boards written in foreign languages and the locals are unaware of the content on these boards. There are hoardings put up along the road side displaying website names, phone numbers, etc in foreign languages. At times, even locals wonder whether they are residing in their own land or it has been invaded by a foreign ruler.
The coastal violations have risen to a great extent mainly because of the co-operation of locals in connivance with the politicians during the last few years. In a reply to a question posed by the Mapusa MLA Francis D’Souza, Environment Minister Aleixo Sequeira informed the House that in all 822 violations, show cause notices have been issued during the last three years by the Goa Coastal Zone Management Authority based on complaints received from the public, revenue authorities and other departments. The cases are at various stages of inquiry at the level of Deputy Collector and SDO of coastal talukas and the GCZMA. The authorities consider many of these structures within the purview of the directions of the High Court in SMWP No.2 of 2006 and MCA No 427 of 2007 in WP No 422 of 1998 and WP No 99 of 1999, which are being considered by the coastal village panchayats/municipality.
VIOLATIONS
IN the list of violations, maximum violations have been observed along the Bardez belt, primary among them being in the villages of Calangute, Candolim, Anjuna, Vagator etc. Violations have also been reported in Canacona and Pernem. In the year 2007, a total of 333 CRZ violations were identified, out of which only ten were issued stop work orders. The number came down to 276 in 2008 with 27 being issued stop work orders. During the last year, out of 213 CRZ violations, 35 were issued stop work orders. It is difficult to pinpoint whether the violations belong to foreigners or not as most of the sale deeds have been registered in the name of a local representative. Some of these violations are brought to the notice of the authorities through public complaints but, most of the time, these public complaints are initiated due to rivalries between two parties or any encroachment on the neighbouring area.
Violations along the beach in places like Pernem have been blatantly ignored because of political interference as well as local involvement in setting up the structures. In Morjim, Riva Resorts invited the ire of the local gram sabha. It was clear that the local governing bodies blatantly ignored the instructions of the GCZMA and allowed the illegal construction of the resorts. The sad part is that the posts in the local governing bodies are occupied by people who are, themselves, in the same industry of setting up guest houses, resorts, etc along the coastal belt. The tenure of the sarpanch is ‘adjusted’ so that each panch member gets a ‘fair chance’ to get his interests fulfilled while in power.
In villages, where the local might is restricted till the local politician, small illegal compound walls and rooms can be easily demolished. Only the locals, who have invested a large amount expecting huge returns, will suffer. The government has initiated action against CRZ violators to pacify the locals, but natives remain unimpressed and point out, "The government is willing to demolish our structures but, when it comes to blatant violations by the bigwigs who shelter politicians during times of political turmoil, the government will even go to the extent of changing the articles and sections of laws, rules and acts written in the Constitution."