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Dear Netizens,
This is a clarification received from Mr. Simon
Carvalho Panch, V. Panchayat of Sancoale on the
facts arranged chronologically and raised by us
relying on the documents furnished by him for the
examination of our South Goa Public Interest Action
Group a registered NGO based in Margao.The readers
should judge the merits of the case and express their
views on:
whether the demand of Mr. Carvalho to shift the petrol
tanks now being relocated from VascodaGama to Sancoale
Plateau is justified or not?
if in the affirmative; whether the Village Panchayat
of Sancoale which is the grass-root level body to
decide on such matters, have pursued the issue on
merits?
if not, what line of action needs to be followed to
arrest the potential threat as visualised by Mr.
Carvalho from the project which may endanger life and
property once the same is in operation?
for SOUTH GOA PUBLIC INTEREST ACTION GROUP(NGO)
sd/-
Terence Mazarelo
PRESIDENT
email your views to [EMAIL PROTECTED]
QUESTIONS for obtaining answers from Mr. Simon
Carvalho
We have examined the papers placed before us for our
perusal.
Based on the facts arranged chronologicaly hereinbelow
a few clarifications are necessary:
FACTS:
20/12/00 appln filed by ZIOL to VPDA for Dev
Permission
26/12/00 No:VPDA/7-Z-16/2000-01/1397
prov NOC for proposed subdiv survey No111/1 Plot No 5
24/01/01 No:VPDA/T-X-10/2000-01/1608 Dev Perm
granted for Construction "Fire Pump House" I Zone
Survey No111/1 Plot No 5
12/02/01 No:PPO/01/VP/Plans/1415 Plans
15/02/01 No:667(4) Resolution
20/02/01
minutes of HP meeting at CMs residence at 5.00 p.m. lt
signed by Dir of Ind & Mines
23/02/01 Covering letter from Dir Ind & Mines to mins
of HP meeting
27/02/01 No678
Resolution
27/02/01 No:VP/S/2000-01/622 grants prov NOC for
proposed sub div Survey No 111/1 plot No:5
16/03/01 No:492/2000/01 VP grants Construction
licence _ fire Pump House
29/03/01 lt from Min of Ind - project to be
completed by Mar 2002
12/04/01 No:11/11/99/DYC grant of Sanad of
Conversion Survey No 111 Sub div 1 (part) area 101200
m2 Industrial
29/05/01
ZIOL application for grant of NOC - pollution
08/11/01 No:5/1981/01-PCB/244 consent to establish NOC
from GSPCB
03/12/01 No:15/143/20
NOC obtained from Dir of Civil Aviation 100 mts above
sea level
24/01/02 No:15/143/20
covering letter from Flag Officer Commanding enclosing
NOC
05/04/02 No:VPDA7-Z-48/02-03/63 Dev Permission Const
of Bldg/alteration/revision - const of compound wall
change of land use.modification of earlier order dated
16.03.01
08.04.02 No:PWD-8/IV/G- /1774/2002-03 Technical
approval from PWD const costs Rs.2,50,48,130
09.04.02
ZIOL appln for NOC for construction of Oiltanks
14.06.02 No:VP/S/-/2002-2003/144 notice for illegal
const survey No 111/1 Plot 5
14.06.02 No: VP/S/-/2002-2003/145 discussions
inform us convenient date 17 or 18 June 2002
19.06.02 ZIOL meeting with Panchayat members
01.08.02 No:VP/S/-/2002-2003/2116 SC notice "const of
compound wall and the oil tank without permission:"
23.04.02 lt from VP to ZIOL that issue of grant of
licence will be placed before the gram sabha
12.06.02 ZIOL appeal u/s66(2) of Goa P Act 1994 before
Dy Director of Panchayats
19.06.02 ZIOL discussion with Panchayat - no
illegality involved
23.06.02 Gram Sabha held
28.06.02 VP filed their reply
05.07.02 written notes of arguments filed by VP
16.07.02 No:DDPS/4/2002
Order in appeal by Dy Director Panchayats
17.07.02 ZIOL sent order dated 16.7.02 for
compliance by VP
20.07.02 No:242
resolution to challenge order/licence NOC not to
issue NOC for construction of oil tanks buidlings
25.07.02 ZIOL filed a caveat before Director
26.07.02 lt from ZIOL to Panchayat reply to their lt
14.06.02
29.07.02 objection by Dy Sarpanch four members to Res
No 242 stating that they do not agree.
01.08.02 SC notice for demolition of Oil tanks
06.08.02 stay granted
next hearing?
Still in favour of Res No:242
Ravindra Gurudas B. M., Sarpanch
Simon Carvalho Member
Rocozinho Valles "
Premanand P Naik "
Terence Ferrao "
Withdrawn support to Res No 242
Archana A Naik Dy Sarpanch
Pramod G Devidas Member
Laximi V Madiwalkar "
Jayashri S Bhagat "
Maruti D Desai "
Ashok T Akki "
Does the land belong to ZIL?
Did it not belong to Communidade? Then leased to ZACL
now ZIL?
Can Communidade land leased be transferred?
Why was Communidade not made a party in this case?
How was the Construction licence granted for Fire Pump
House when the sub div of property was not effected?
Has the Clearance from Fire services obtained?
The Sanad of Conversion is in the name of the ZIL not
ZIOL?
Where is the letter 23.04.2002?
If ZIOL had not produced it before Dy Director
Panchayat? why did VP not produce it? This copy is
also not made available to us; why?
Is it true that demands of employment for villagers
irrespective of qualifications were made?
Is it true that women were given an impression that
they would suffer?
Have objections if any been raised before GSPCB?
Have you raised objections on Risk assessment study of
TATA AIG?
Have you checked up the credentials of the the
oiltanking Company from Germany or the project set up
in Nav Mumbai?
What was the reason for two letters dated 14.6.2002
one alleging illegality and other requesting for talks
?
Normally this is not the practice for illegalities.
What is the present status of the work and the case
before the Director Panchayats?
Unless we are given clarifications on the above, we
are afraid not much can be done at this juncture.
Even the Panchayat appears to be divided and no Gram
Sabha minutes are available to sustain a case against
the Project.
For SOUTH GOA PUBLIC INTEREST ACTION GROUP(NGO)
sd/
Terence Mazarelo
PRESIDENT
Answers received from Mr. Simon Carvalho on the
various points.
FACTS:
20/12/00 appln filed by ZIOL to VPDA for Dev
Permission
Answer/Reply to the above
Please keep in mind that ZIOTL applied directly to
the VPDA and other authorities bypassing the Sancoale
Panchayat and brought all the NOCs/clearances and
demanded license. The did not follow the set
procedure of submitting the files through the
Panchayat as required under the Goa Panchayat Rules.
Had they done so, the Panchayat would have rejected
the project. That is why they applied first for the
fire water pump house and got it approved through
their cronies. I was not in Goa at that time.
26/12/00 No:VPDA/7-Z-16/2000-01/1397
prov NOC for proposed subdiv survey No111/1 Plot No 5
Answer/Reply to the above
The VPDA and other authorities cannot entertain
applications for clearances/NOCs submitted directly by
applicants. They should have referred the
applicantion/applicant to the Panchayat.
24/01/01 No:VPDA/T-X-10/2000-01/1608 Dev Perm
granted for Construction "Fire Pump House" I Zone
Survey No111/1 Plot No 5
12/02/01 No:PPO/01/VP/Plans/1415 Plans
15/02/01 No:667(4) Resolution
20/02/01
minutes of HP meeting at CMs residence at 5.00 p.m. lt
signed by Dir of Ind & Mines
23/02/01 Covering letter from Dir Ind & Mines to mins
of HP meeting
27/02/01 No678
Resolution
27/02/01 No:VP/S/2000-01/622 grants prov NOC for
proposed sub div Survey No 111/1 plot No:5
The earlier Panchayat Body issued the prov. NOC as
they were hand in gloves with the ZIOTL/ZIL and
brought them in through the back door. Thus they
fooled the people who had opposed this project in an
earlier gram sabha meeting. When they were questioned
in the next gram sabah meeting they again tried to
fool the people and gave lame excuses. See the
resolution. I was not in Goa that time.
16/03/01 No:492/2000/01 VP grants Construction
licence _ fire Pump House
Answer/reply to the above.
The earlier Sarpanch helped the ZIOTL to enter
through the back door as most members were totally
illiterate.
29/03/01 lt from Min of Ind - project to be
completed by Mar 2002
12/04/01 No:11/11/99/DYC grant of Sanad of
Conversion Survey No 111 Sub div 1 (part) area 101200
m2 Industrial
29/05/01
ZIOL application for grant of NOC - pollution
08/11/01 No:5/1981/01-PCB/244 consent to establish NOC
from GSPCB
03/12/01 No:15/143/20
NOC obtained from Dir of Civil Aviation 100 mts above
sea level
24/01/02 No:15/143/20
covering letter from Flag Officer Commanding enclosing
NOC
05/04/02 No:VPDA7-Z-48/02-03/63 Dev Permission Const
of Bldg/alteration/revision - const of compound wall
change of land use.modification of earlier order dated
16.03.01
08.04.02 No:PWD-8/IV/G- /1774/2002-03 Technical
approval from PWD const costs Rs.2,50,48,130
Answer/reply to the above
As mentioned above the ZIOTL did not submit the files
to the Sancoale Panchayat and obtained the
clearances/NOC directly which is in violation of the
Goa Panchayat Rules.
09.04.02
ZIOL appln for NOC for construction of Oiltanks
Answer/Reply to the above
This file came to the Panchayat after I (Simon
Carvalho) got elected to the Panchayat Body. Since
this project was earlier opposed by the villagers it
was decided to place the matter before the gram sabha.
14.06.02 No:VP/S/-/2002-2003/144 notice for illegal
const survey No 111/1 Plot 5
Answer/reply to the above
The Panchayat Body decided to send the notice for
illegal construction at my instance.
Subsequently a demolition notice was also issued
issued.
14.06.02 No: VP/S/-/2002-2003/145 discussions
inform us convenient date 17 or 18 June 2002
19.06.02 ZIOL meeting with Panchayat members
Reply
Since the illegal constructions were going on in full
swing, members suggested that the ZIOTL officials be
called to the Panchayat to discuss the illegal
constructions carried out by them and to warn them to
stop the activity. Actually it was a blackmailing
tactic by some members.
01.08.02 No:VP/S/-/2002-2003/2116 SC notice "const of
compound wall and the oil tank without permission:"
Reply
Since the ZIOTL did not agree to stop the illegal
constructions the Panchayat Body decided to send them
a show cause again at my instance.
23.04.02 lt from VP to ZIOL that issue of grant of
licence will be placed before the gram sabha
Reply
A decision was taken to place the issue of grant of
license before the gram sabah.
12.06.02 ZIOL appeal u/s66(2) of Goa P Act 1994 before
Dy Director of Panchayats
Reply
ZIOTL appealed to the Dy. Director of Panchayat since
license was not granted by the Panchayat within 30
days. However they did not inform the Dy. Director
that they did not submit their project files to the
Panchayat as required under the PRA.
19.06.02 ZIOL discussion with Panchayat - no
illegality involved
Reply to above
All members present for the meeting informed ZIOTL
that they should stop the illegal constructions
immediately. (This was just to please me)
23.06.02 Gram Sabha held
Sarpanch who is their employee failed to include this
issue in the agenda for the gram sabha.
28.06.02 VP filed their reply
Reply
Sarpanch/Secretary did not inform the Panchayat Body
that the ZIOTL has gone in appeal to the Dy. Director
and did not take members into confidence. The above
persons are hand in gloves with ZIOTL. They did not
properly breif the lawyer. In fact they did not want
to protect the interest of the village.
05.07.02 written notes of arguments filed by VP
Reply
Same as above
16.07.02 No:DDPS/4/2002
Order in appeal by Dy Director Panchayats
17.07.02 ZIOL sent order dated 16.7.02 for
compliance by VP
20.07.02 No:242
resolution to challenge order/licence NOC not to
issue NOC for construction of oil tanks buidlings
25.07.02 ZIOL filed a caveat before Director
26.07.02 lt from ZIOL to Panchayat reply to their lt
14.06.02
29.07.02 objection by Dy Sarpanch four members to Res
No 242 stating that they do not agree.
Reply
All the above members except the Dy. Sarpanch are
employees of the ZIL. They were pressurized to issue
that denial/letter. Dy. Sarpanch was purchased and
offered to hire her vehicle. All the above members
have signed the resolution. They did not oppose the
resolution and also confirmed it at the next meeting.
Actually they don’t know what they are doing. They
are doing this according to the dictates of the
ZIL/ZIOLT. They don’t understnd the rules nor they
can read/write English.
01.08.02 SC notice for demolition of Oil tanks
06.08.02 stay granted
next hearing?
REPLY
Hearing postponed seval times. Now fixed for
22/4/2003
Still in favour of Res No:242
Ravindra Gurudas B. M., Sarpanch
Simon Carvalho Member
Rocozinho Valles "
Premanand P Naik "
Tereza Ferrao "
Withdrawn support to Res No 242
Archana A Naik Dy Sarpanch
Pramod G Devidas Member
Laximi V Madiwalkar "
Jayashri S Bhagat "
Maruti D Desai "
Ashok T Akki "
Reply
As mentioned above
Does the land belong to ZIL?
Reply: Land was given to BIRLA GWALIOR LTD.
Did it not belong to Communidade?
Reply: It is communidade land but leased to Birla
Gwlior Ltd. with conditions that it shall be used only
for the fertilizer project. I have a copy of the
agreement and can pass it to you if you want it.
Then leased to ZACL (Zuari Agro Chemicals Ltd)
now ZIL? (Zuari Industries Ltd.
Reply: The company changed the name several times.
It is a big mess.
Can Communidade land leased be transferred?
Reply: I cannot answer this question. There is some
contract in this regard but according to present
communidade committee it is not valid. They are
challenging that.
Why was Communidade not made a party in this case?
Reply: I cannot answer this question. I will ask the
lawyer Shri Subodh Kantak.
Communidade has already objected and written to the
Panchayat not to grant the license. Communidate is
also going to file a case
How was the Construction licence granted for Fire Pump
House when the sub div of property was not effected?
Reply: This happened before I got into the panchayat.
I think it was the responsibility of the then
Sarpanch, Secretary/BDO who are all hand in gloves
with ZIOTL/ZIL and are ready to do anything for
ZIOTL.
Has the Clearance from Fire services obtained?
Reply: I will check this and let you know.
The Sanad of Conversion is in the name of the ZIL not
ZIOL?
Reply: Yes, in the name of ZIL. Sanad copy is
submitted to you. Check one of the sets.
Where is the letter 23.04.2002?
If ZIOL had not produced it before Dy Director
Panchayat? why did VP not produce it? This copy is
also not made available to us; why?
Reply: Kindly inform this refers to what
Is it true that demands of employment for villagers
irrespective of qualifications were made?
Reply: Demands of employment were made for
villagers, neighbouring villagers, Goans, and for
non-Goans if only Goans are not available but not
irrespective of qualifications. This is absolute lie.
When we made this demand we were not even aware that
the oil tanks from Vasco will be shifted to Sancoale.
The ZOITL has given a written undertaking that 80% of
the jobs will be given to the locals and we had
accepted that but we insisted that a proper agreement
should be made because they failed to implement/honour
an earlier agreement signed by them when communidade
land was given to them free of charge.
Is it true that women were given an impression that
they would suffer?
Reply: Absolute lie.
Have objections if any been raised before GSPCB?
Reply: I have not heard of this.
Have you raised objections on Risk assessment study of
TATA AIG?
Reply: No. And I do not know what it is.
Have you checked up the credentials of the the
oiltanking Company from Germany or the project set up
in Nav Mumbai?
Reply: No.
What was the reason for two letters dated 14.6.2002
one alleging illegality and other requesting for
talks?
Normally this is not the practice for illegalities.
Reply: Only to press ZIOTL to stop the illegal
constructions.
What is the present status of the work and the case
before the Director Panchayats?
Reply: Work on construction of oil tanks continues.
The case is postponed. The next hearing is fixed for
22.4.2003.
Unless we are given clarifications on the above, we
are afraid not much can be done at this juncture.
Even the Panchayat appears to be divided and no Gram
Sabha minutes are available to sustain a case against
the Project.
Reply: I can safely say that 9 members of the
Panchayat are ready to issue the license anytime but
for a price. The rest I will talk to you personally.
Certified copies of the gram sabha are already given
to you, or can be supplied.
If you want anything else please let me know.
For SOUTH GOA PUBLIC INTEREST ACTION GROUP(NGO)
sd/
Terence Mazarelo
PRESIDENT
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