GRAB IT, BUILD IT, FORGET IT - violation of CRZ rules

GRAB IT, BUILD IT, FORGET IT
By Peter de Souza and Preetu Nair


If you want a piece of Goa's coastline, follow three simple steps. Just grab the land, build on it (after making pretences that your structures are temporary) and then forget it. With a little help from a lawyer who can twist facts and a politician who is either a fellow grabber or can keep the law away., This week GT-Weekender looks at some of the prominent cases and the even more prominent violators


VIP's control coastal loot

Carryon Regardless Zone (CRZ)

ANJUNA/CALANGUTE/GOA/ INDIA: A Moon Dance restaurant springs up in Anjuna, a shack turns into a concrete disco on the beach, Zilla Parishad members and panchayat heads themselves are accused in several violation cases and their illegal buildings are there for all to see and lo and behold, cottages supposedly owned by a priest are in complete violation of CRZ rules. The party goes on.

This despite the fact that in a vital judgement, a division bench comprising Hon. Justice Ferdin Rebello and V C Daga of Bombay High Court, Panjim Bench in 2000 made it mandatory for Talatis and Mamlatdars to file weekly reports, based on patrolling and fortnightly inspection by deputy collectors, before the Coastal Zone Management Authority (CZMA) for necessary action through the district collectors.

"The Talati and Mamlatdar submitted their reports to the deputy collector and before CZMA. Based on that demolition notices were sent to various authorities. The trouble is that almost everyone has political connections. Often, the politicians interfere and stop the demolition", said Norma Alvares, environmentalist.

Though the entire belt within 200 mts of the High Tide Line (HTL) in CRZ-III areas, such as Candolim- Calangute is the No Development Zone (NDZ), where no new 'construction/development' is permissible, human settlements and starred resorts have sprung up.

Environmentalists allege that the stipulation that no human activity should be allowed within 500 meters of the seashore is being violated with impunity by both the locals and people in power. Check this:

• Calangute MLA Agnelo Fernandes has allegedly constructed a restaurant, Sheetal within 200 mts of HTL in Candolim. NPS Varde, member secretary, Goa Coastal Zone Management Authority (GCZMA) has send a show cause notice to him on December 6, 2001. "This was a planned by the BJP government to malign my name, but I came out of it unaffected," said Agnelo. Further, within 200 to 500 mt of the HTL there are staff quarters, seven cottages, a restaurant and his other resort Silver Sands.

While complainant Betty Alvares says that the cases against Agnelo are with the Director of Panchayats and the Deputy Director of Panchayats, Agnelo claims that the cases have already been dismissed. "Some person with vested interest had filed a PIL against Silver Sands in the High Court, but has decided to withdraw it once I showed the relevant documents. I am not aware of the status of the case at the moment," added Agnelo. It is reliably learnt that while Tony Fernandes and Jerry Coutinho applied for withdrawal of the case, one Augustino Proenca had intervened in the matter and asked to be made party to the case, which is scheduled for hearing next week.

• If an MLA has allegedly violated, how can the ex- Zilla Parishad member be left behind. Anthony Menezes has constructed a massive discotheque Club Utopia right on the Calangute beach. Infact, he had given an affidavit to the Calangute panchayat on October 10, 2003, saying, "I will erect my temporary shack made of wooden poles and palm which will be purely temporary". He had requested for a shack license in his private property bearing no. 139/3 Gaura vaddo, Calangute. But today, the palm leaves and the wooden poles have given way to cement and concrete. The panchayat on January 4, 2006 wrote to Menezes that CZMA has initiated action against illegal construction of the discotheque (139/3), which is within CRZ and rejected his application for renewal of license.
• Club Tito's is every tourist's must visit destination in Goa. But very few know that Tito's outhouse in Calangute has violated the CRZ norms. David, the owner of the outhouse is embroiled in a controversy for extending the outhouse to the CRZ. The panchayat has charged that Tito's outhouse was not shown in the survey plan and asked him to show if he had any evidence to prove that the house existed prior to 1991. However, as David failed to produce any evidence, the Panchayat in March 26, 1999 ordered the house to be demolished. Failing which they said that the case would be referred to the Goa State Demolition Squad. But the outhouse still stands intact.
• Among the others allegedly involved in violating the CRZ is Fr Pres, Sauntavada, Calangute. He has allegedly constructed a guesthouse Sea View Cottages within 200 mts of the High Tide Line under survey no. 242 (1) P.
• On July 27, 2000, the Calangute panchayat named 300 people who own houses as well as bars and restaurants that violate CRZ norms, to the GCZMA. A list of illegal hotels, cold drink houses, jewellery stores etc have also been submitted.
• In Anjuna among the major violators of the legal CRZ are Sarpanch Savio Almeida and ex-ZP member Milton Marquis, British nationals Paul Vincent Smith and Angela Luis Smith, present ZP member Krishna Moraskar, who's constructed a two floor guest house, ex-Panch Vasu Govekar, who's constructed Moon Dance Hotel in the CRZ area and rented it to one Dailo. Besides, Gurudas Moraskar, has constructed a hotel Sea Queen, which is he conveniently converted from a building for residential use to commercial use despite a High Court order directing him not to do so. Meanwhile, despite CRZ demolition notices to Savio and Milton, they survive without any hindrance.

No wonder, the Panchayat has not issued a single notice to CRZ violators.

VOX POP

NORMA ALVARES, ENVIORNMENTALIST

"It is total apathy on the part of the government which turns a blind eye to such violations and encourages these illegalities, which definitely amounts to contempt of court".

DAYANAND MANDREKAR (Siolim MLA)
"I have taken down a detailed report from the Talati and attached copies of Gomantak Times (our earlier reports on CRZ violations) and submitted them to the Chief Secretary, Vigilance department and Director of Panchayats".
DR WILFRED de SOUZA (Deputy Chief Minister, Environment Minister)
"I don't answer any questions on Saturday as we work very hard during the week and I need my rest. Please don't trouble me on Saturday and Sunday. Will your questions die by Monday? (Bang…)."

AGNELO FERNANDES, CALANGUTE MLA
"There is a case pending on CRZ norms in the High Court yet people are still going ahead with the constructions but they can't be blamed for it because how long are they going to wait for the Court order. How can you expect the poor people to wait for so long?"

ANTANASIO MONSERRATE, MINISTER TOWN & COUNTRY PLANNING
"All these constructions have come up with the blessings of the local Panchayats. Town and Country Planning is not the monitoring authority. We are helpless in the matter. If someone complains about the illegal constructions we revert the matter back to the panchayat and we have no locus standee to act on it. So the ball is in the Panchayat's court".

ANTHONY J D'SOUZA, OSD/ENVIORNMENT, SCIENCE, TECHNOLOGY AND ENVIRONMENT
"The Talatis submits reports to the deputy collector regarding illegal constructions in the CRZ. The deputy collector then sends the report to the Science, Technology and Environment department where the orders are issued. Additional collector requisitions nodal officers to issue orders. Implementation powers should be given to the collector to demolish them directly. Lost of time is wasted in moving the files from one office to another. This needs to be streamlined".

"The house that David built:…
Additional collector of North Goa has ordered for demolition of the residence of David, a British national, who has indulged in the most outrageous infringement of the High Tide Line (HTL) and constructed a house on the slope of a hill that hugs the sands at the South Anjuna beach. The demolition will happen at 10 am on January 24, 2006.

It must be recalled that GT in its report on January 11(New definition of CRZ: Carryon Regardless Zone) reported that in order to make room for the illegitimate dwelling on the steep gradient, a part of the hillock has been scooped out and two structures are already topped with concrete slabs.

Though David came under the GCZMA scanner and Chief Secretary ordered for demolition, it was stopped by a Personal Assistant of a prominent minister from the area, who arrived at the spot and ensured that the demolition squad returned from the site without doing its job. After GT published the story, the file which was actually in the possession of the minister was "released" from his clutches and sent to the North Goa collector for necessary action.

(Article published in GT Weekender)