Activists smell a rat in law on health estates

Activists smell a rat in law on health estates
TNN,

PANAJI: The recently notified Goa Health Services Development Act, 2008, gives overriding powers to the Goa Health Services Development
Corporation to issue directions to local authorities to grant permission to new health estates.

The Act allows the corporation to acquire land and says, “any land required by the corporation for carrying out any of its functions shall be deemed to be needed for a public purpose”. Further, the corporation will have the powers to lease, sell, exchange or transfer property held by it and declares that anyone found guilty of attempting to stop work in a health estate will attract a penalty or imprisonment.

The Act defines a “health estate” as any area declared to be a health estate by a notification in the official gazette, which is to be developed and where health establishments are to be accommodated. Activists, however, allege that health estates are nothing but a ploy to develop real estate in the state by keeping the people out of the planning process. “This is being done to take away the little power panchayats have and develop real estate. They are trying to stifle the people’s voice.

Politicians have ruined the cities and towns, and now they will destroy the villages. The government is not with the people and is doing destructive development, with complete disregard for people’s opinion,” alleged Ganv Ghor Rakhon Manch spokesperson Geraldine Fernandes.

The Act states that “if the government is satisfied either on a recommendation made in this behalf by the corporation or otherwise, that the setting up of a health undertaking is impeded by a local authority’s refusal to grant or by such authority’s insistence on conditions which the government considers unreasonable for the grant of any amenity, the government may direct the local authority to grant the said amenity”.

Goa Bachao Abhiyan convenor Sabina Martins counters this saying, “Anybody’s land can be acquired for the health estate because it will be deemed to have been acquired for public purpose. We opposed section 16, 16 (a) of the Town and Country Planning Act as it keeps public-private partnerships and government projects outside the purview of the regional plan process. This notification contains clauses taking away the powers of the panchayat and people to object or agree to a health estate.”

Health minister Vishwajit Rane, however, denies any hidden agenda. “There is no land scam here. It is an old plan, formulated when present opposition leader Manohar Parrikar was chief minister. The Act has been deliberated on in the assembly and passed to provide the best health facilities to the people and in the interest of the people.”

The only relief is that the government shall not issue directions unless the local authority has been given an opportunity to show cause why such a direction should not be made. Rane, however, said the corporation won’t be acquiring any land, but using the 2-3 lakh sq m of land already in its possession. “It is a rocky terrain at Kadamba plateau, which was in the government’s possession and has been transferred to the corporation,” said Rane.

Assuring that the health estate would be a health hub offering health facilities to the people and providing allied services such as a nursing college or EMRI advance paramedic centre, Rane said, “It is not going to be a five-star residential complex. It is going to be purely a place to provide health facilities or allied activities to benefit the people of Goa. I will do what my conscience permits and as advised by the health advisory council.”

The notification further states that any person obstructing the entry of an authorised person into any land, molesting such a person or obstructing work shall, on conviction, be punished with imprisonment which may extend to six months, or with a fine which may extend to one thousand rupees, or both.

Besides, anyone removing a mark set up for the purpose of indicating any level, boundary line, or direction necessary to execute works authorised under the Act shall, on conviction, be punished with imprisonment for a term which may extend to three months or with a fine which may extend to Rs 1,000 or with both.

Advocate and activist Satish Sonak said, “A government needs to put such clauses and penalties when they fail to understand the popular view point and want to suppress people’s opinion by using the law as a rod. This is done to put fear in people’s hearts and shows that the government has lost faith in its ability to convince the people. The government may make laws, but if I am convinced that wrong is being done, I am willing to break the law and bear punishment for the same,” said advocate Satish Sonak.

10 July, The Times of India, Goa edition