-------------------------------------------------------------------------- | Add your name to the CLEAN GOA INITIATIVE | | | | by visiting this link and following the instructions therein | | | | http://shire.symonds.net/pipermail/goanet/2005-October/033926.html | -------------------------------------------------------------------------- TCP ORDINANCE 2005 AND RECONSTITUTION OF PLANNING BODIES -- PART ONE
Almost 13 years after Liberation of Goa the then Maharashtrawadi Gomantak Party MGP Government under its second Chief Minister Ms Sashikala Kakodkar, realized that rampant illegal structures, haphazard development activity engulfed the port area then a town (now a city with an A class Municipality comprising Vasco-da Gama and Mormugao) of Mormugao Taluka.. The economic activities at the natural harbour promoted this unplanned growth which appeared to become an eye sore on the Goa landscape. It therefore brought about a bill "The Goa Daman & Diu Town and Country Act 1974" with a view to "regulate development for a better living environment" in tune with the natural ingredients that constituted this tiny territory almost the size of a district in the rest of the country. The role of this TCP Department was meant to be merely of an advisory nature. The Planning Development authorities were intended to supervise the Outer Development Plans or the Comprehensive Development Plans for each planning area. When the Bill was introduced, albeit with sacred intentions, it was clear from the ensuing debate in the Goa Legislative Assembly, which lasted for only three days towards the close of the session i.e on 26th 30th September, 1974 and 1st October, 1974 and the hurried manner with which it was passed assented and notified on 22.11.1975 by Mr Pratapsing Raoji Rane then the Law Minister in the MGP and now the present Chief Minister of Goa heading the Indian National Congress led MGP and Nationalist Congress Party coalition., that there were "other considerations" that expedited its enactment. Mr Ramakant Khalap of the then MGP and now INC ex MLA, too was a party to this enactment. It was assented and notified in the Official Gazette dated 22.11.1975. The 142 provisions in the Act was a near facsimile print of the Maharashtra Regional Town and Country Planning Act 1966., and was expected to wipe out the illegalities in development which not only included Building activity as is commonly believed but had schemes for Traffic and Transportation Plan, Plans for areas around Railways etc and other change of land use and zoning etc. Interestingly many of those that were in the Opposition side viz; Mr Roque Santan Fernandes MLA, Mr Eduardo Faleiro then MLA were apprehensive that this piece of legislation needed to be referred to the Select Committee where both the ruling and opposition members would get enough time to debate on the pros and cons of this piece of legislation taking the public into confidence. Later with similar intentions the INC Government led by Mr Pratapsing Raoji Rane as Chief Minister and head of the Town & Country Planning Board decided to prepare a Regional Plan 2001 so that Goa would be ready for the present century in tune with the population increase projections. Therefore keeping the scarce land resources available ie of the 3656 km2 of land just 0.36 Ha were available for development with the rest as mining forest cover/natural cover etc The surface utilization plan ---was a guideline to planers, to ensure that the development was in harmony with natures gift and maintaing a match with the social economic and physical complexion of territory. Thus after a complete survey plans drawn etc The Town & Country Planning Board approved the same in 1981, notified it in 1982 after it was discussed in the specially convened gram sabhas of village Panchayats the suggestions objections were examined considered by the Government and then notified on 11th December, 1986 . With this the entire 11 talukas of Goa (two of Daman and Diu) was divide into three broad categories a) the Coastal Talukas b) the Midland Talukas c) the Ghat Talukas. Given the 101 kms of coastline with its white sands and the fact that the Portuguese conquests were restricted to the Velhas Conquistas from 1510 to 1961 (451 years) the demographic composition of the Coastal Talukas population density comprised of nearly 52 % of the total population then at just 11 lakhs in 1981 . In fact this region of Coastal Taluka forms the picture postcard of Goa in the minds of the people in the rest of the country and the world as being a region depicting the rich blend of east meets the west. Hence development activity is extensive and scarce land is being sold to the highest bidder. The other regions came under the Portuguese rulers only post 1763. Unfortunately the Midland Talukas and the Central Talukas remained underdeveloped essentially because their historical and social background was not influenced by the east and west syndrome though it could well earn the billing of a "Kashi of the South" since recent times given the hoary Inquisition the demographic composition of this part which is marginally less developed than the coastal talukas and hence remained underdeveloped. Mining activity was another reason which led to the neglect and impoverishment of this area. Incidentally even the major industries are located in the coastal areas with a slight shift to the midland talukas in the 90"s. The Regional Plan 2001 therefore had defined on a scale of 1:25,000 (as that was the only plan then available with the Government of India of all the Talukas in Goa) a) Settlement Zone - which comprised of residential commercial institutional recreational cottage & service , industrial open spaces play grounds and no development above a slope of 20% for ecological reasons; b) Industrial Estate /areas - where small scale and medium scale industries were permitted and a tolerance basically for non polluting areas , c) the Orchard areas were sloping lands below a slope of 33% and meant for cultivation of fruit bearing trees etc d) Natural cover /Forest here only Government forests were zoned leaving private forests in Natural cover and e) Social Forestry intended to maintain forest cover for ecological reasons. f) Mining areas This was the broad parameters on which spatial development keeping the social physical and economic development was to enhance the quality of life in the State. Therefore the TCP Act 1974 rightly imposed section 17 ----Revision of Regional Plan which had postulated that " If the Government at any time after a Regional Plan has been published in the Official Gazette, but not earlier then FIVE YEARS is of the opinion that a Revision of the Regional Plan is necessary it may direct the Chief Town Planner to undertake the revision of the Regional Plan ------." It is therefore clear that the basic feature of the Regional Plan which took nearly six years for planning and implementation (incidentally the present incumbent Chief Town Planner Mr Morad Ahmed was a Junior Town Planner who is credited to have assisted in the formulation of the first Regional Plan 2001 ) only in the Silver Jubilee year of Goas Liberation could not be tampered with before 1986 - 1991. However keeping the extensive economic development in the coastal talukas and ironically the majority of the ruling party politician nearly 25 out of 40 members in the Goa Legsilative Assembly come from these coastal talukas and the Banks are glut with deposits from NRIs nearly 4000 crores, political expediency invariably outweighed social considerations and in March 1988 following an amendment the period of "five years" was deleted. An act to the credit of the INC Government, under Mr Ranes stewardship. (He holds the record of being the second longest serving CM in India next to then CM Mr J B Patnaik of Orrisa.) While one could agree that with the emerging pace of development the five years, period could act as an embargo, now that one can involve the private sector for development activity through the " Build Operate and Transfer " BOT policy instead of waiting for the Budgeted funds from the State or the Central coffers; (just as the Konkan Railway was put in place which otherwise would have taken a quarter of a century ); if one sits back and analysis the developments, is it not lopsided? one would ask Where then is the concept of the Regional Plan 2001 the TCP Act 1974. and the Planning Development Authority bodies which were put in place in the early 1980s. Look at the cutting of hills, filling up of land, agricultural land left fallow and later used for commercial purposes, the traffic congestions the spate of "nagars" shanties with migrant labour living in filth and squalor sprouting up in every village on hill tops, the garbage menance, the industrial activity, grazing lands being usurped the polluting industries setting shop, the mining pollution threatening our rivers agriculture land, the petroleum pollution in the densely polluted towns, besides the pollution of water bodies springs wells rivers, closing of wells, the route of the Konkan Railway which now meanders along the broadguage Southern Railway in the densely populated coastal area, instead of 21 kms moving into the hinterland midland talukas which could have resulted in development of these midland and ghat areas and help transportation in the mining areas. Is the Government not the biggest violators of usurping the agriculture land for non development activity. Has it not assumed landlordism over the Communidades when these self governing bodies which were vested with independent economic judicial social powers by the Portuguese as late as 1961 vide the Diploma Legislativo No 2070 of 15.4.1961 etc all point a finger at the lopsided developments which are a result of the deletion of the five year embargo.owing to political expediency and the failure of implementing the Abolition of Proprietorship enactment after Liberation to allow the Communidades or pre Portuguese village republics gaunkaries which provided land for all purposes including agriculture grazing lands utility services for the commune and the gaunkars indigenous people being the main constituent of these bodies now just 223 left.? Worse what the Regional Plan had contemplated in section 17 was a mere REVISION of the regional plan restricting to major changes in settlement indusctrial etc or vice versa But contrary to the sacred intentions of the TCP Act the Government through the successive Minister for Town and Country Planning since 1988 to date 2005 who also invariably heads the TCP Board whetted such over 935 applications for requests for "change of use/zoning" and hence corruption set in, thus "amending /altering" the regional plan. Interestingly also there is a clause 39 Alteration of Development Plan and making of minor changes which provide for changes to the Outer Development Plans or the Comprehensive Development Plans but this too was after 10 years from the notifying of the ODP or the CDP and this was too be done only in public interest after giving sufficient notice to the public to raise objections if any. Any change was to be considered within 60 days. Now this period has also been reduced to seven years or so. That the real estate industry constitutes a strong lobby and could dictate terms to the Government is evident from the fact that the TCP portfolio held the highest stakes in portfolio allotment by the successive incumbent governments and their Chief Ministerial protégé. Even the TCP Board and the PDAs are packed with political appointees the staff is also minimal many of the personnel have their own business or assist Building firms paying scant regard to employment norms. The courts are plagued with TCP and PDA violations and cases move up and down from trial courts to the highest court. contd------- part two Godfrey J I Gonsalves Borda Margao Goa