Jeet for Deshprabhu

BY A GT REPORTER
PANJIM: In a move that belittles political party labels, the Nationalist Congress Party and its senior alliance partner in Goa, the Congress on Monday (March 30) cleared the name of former Congress MLA Jitendra Deshprabhu, to contest on the NCP symbol for the North Goa seat.

A joint communique from both the parties was however awaited announcing the candidature of Deshprabhu, whose birthday happens to be today.

NCP national spokesman DP Tripathi in Delhi declared Deshprabhu as the party’s candidate for North Goa seat even as the latter was yet to quit the Congress and join the Sharad Pawar-led party.

When contacted, Deshprabhu who is camping in Delhi told GT that both the parties - Congress and the NCP - would come together and find consensus on this issue.

Asked whether he had been ‘loaned’ to the NCP, Deshprabhu refused to comment, adding however, that both the parties had considered the ‘winnability’ factor in deciding on his candidature.

On Monday morning a meeting of leaders of both coalition partners was held at the Chief Minister’s official residence at Altinho. Chief Minister Digambar Kamat, GPCC president Subhash Shirodkar, NCP state president Dr Wilfred de Souza, Speaker Pratapsing Rane, Tourism Minister Mickky Pacheco, Education Minister Babush Monserrate, and MLAs Agnelo Fernandes and Nilkant Halarnkar attended the meeting, where Deshprabhu’s candidature was unanimously endorsed, sources said.

After trooping out from the meeting, Dr de Souza said, the NCP will contest the North Goa seat.
He however, refused to divulge the candidate’s name and said the decision on the candidate will be taken by the NCP leaders in Delhi by Tuesday morning.

Deshprabhu found favour and pipped Nirmala Sawant, who had earlier been proposed by the NCP’s legislature wing and the three other MLAs -- Health Minister Vishwajeet Rane, Transport Minister Sudin Dhavlikar and his brother Dipak -- who comprise the ‘bloc of six’ formed at the behest of NCP supremo Sharad Pawar.

What went against Sawant is said to be the stiff opposition to her by the Congress which pointed that she had contested against the party twice, once with the support of the BJP.

Sindhudurg airport will not kill Mopa

BY A GT REPORTER
PANJIM: It’s not the end of the road for Mopa even if the Maharashtra government’s move to set up an airport at Chipi in Sindhudurg district fructifies, government officials said yesterday.

The process for setting up the international Mopa airport in Pernem taluka would go on, the officials told GT yesterday, citing the Government of India decision already taken to relax the norm of not allowing two airports within a radius of 150 kilometres.

Reacting to reports in a section of the media Director of Mopa Airport, N Mihir Vardhan said, as per the Greenfield Airport Policy, there can be two airports within a radius of 50 kilometre, provided there is justification for distribution of traffic.

Similar views were also echoed by Airports Authority of India’s, D Paul Manickam, who is Director of Dabolim Airport. Manickam told GT that the Government of India had relaxed the norm, which prohibits building two airports within a radius of 150 kilometres.

The proposd Mopa airport is 75 kilometres from the existing Dabolim airport. He also said, the proposed airport at Chipi in Malwan is a domestic airport while Mopa is proposed to be an international one even as both were operationally possible.

Manickam said it is for the private players to assess the financial viability of building the Mopa airport in a scenario where the one proposed at Chipi comes into existence.

Regional Plan: No movement from bottom to top

BY A GT REPORTER
PANJIM: It appears the crucial ‘Bottom-up approach’ to frame Regional Plan 2021 is in slow motion. As the D-day, April 15 nears, the Taluka Level Technical Team (TLTT) is yet to submit the plans to the Town and Country Planning Department (TCP).

Simply because, they in turn, are yet to receive the plans from the panchayats. So, can the slow and steady win the race?

In an effort to involve people in shaping the destiny of their own state vis-a-vis the planning aspect, copies of Draft Regional Plan 2021 (DRP 2021) were submitted to panchayats through the TLTT. Among others, the TLTT comprises of BDO who is equivalent to the nodal officer of this Team.

In addition, the Town and Country Planning official of the respective taluka also finds place in the Team apart from the Health officer, etc.
“The panchayats have to hold a Gram Sabha for approving the DRP 2021,” says Senior Town

Planner ST Puttaraju. The importance of the TLTT can be guaged by the fact that it has been embedded with almost all powers like control, directions, issuing the kit and inspections.
The kit is distributed through the BDO and it is the BDO -- heading the TLTT in his respective area -- who forwards the plan to the Town and Country Planning Department (TCP).
“Until now, we have not received any plans. All (panchayats) are conducting meetings,” Puttaraju tells GT.

Easing matters further and making the procedure more user-friendly, TCP has opened a ‘Facilitation Centre’ at Maquinez Palace, Panjim. Here, respective officials of panchayats and elected representatives at the grassroot level take appointments to understand their participation in the planning process.

“Members of the Committees, panchayats hold discussions with the officials to understand the system,” claims Puttaraju.

What people at the grassroot level want, by and large, gets reflected in the plan. For instance, until now, the main objections revolve around fields, which have reflected as settlement areas in DRP 2021. People want this to change, to revert back to the status-quo.

In other words, it means villagers want to maintain the fields in their respective villages and abhor them being marked as settlement areas. Many others fear the networking of roads working to the detriment of the village.

“Many feel the roads marked on the plan are new roads. Such roads have existed for many years. Existing roads will be maintained. In case of any planned development (constructions), the necessary setback will have to be maintained,” adds Puttaraju.

BJP fumes at state EC notices

BY A STAFF REPORTER
PANJIM: Has the state Election Commission (EC) committed 'Harakiri'? Either way, the BJP -- at the receiving end of the EC stick -- is far from amused. On the contrary, the party has tried to cane the EC by throwing the rule book at it.
In an interesting duel, the EC has accused the BJP of violating the Model Code of Conduct, and the the BJP has retaliated by denying this charge and seeking to know under what provisions of the Model Code of Conduct has the EC asked the party to submit a 'Detailed Explanation'.

On March 15, opposition leader and state BJP supremo Manohar Parrikar addressed a press conference. He accused Congress of blackmailing the NCP and MGP to support its government. Having declared both its candidates way ahead, the opposition leader perhaps sought to raise the electoral tempo much in advance. On March 19, Former North Goa Collector GP Naik slapped the BJP with its first notice, seeking explanation, after having accused the party of violating the model code of conduct.

Two notices followed on March 23 and another two on March 24. On March 23, South Goa Collector Mihir Vardhan accused the BJP of violating the model of conduct -- based on a newspaper report announcing the BJP successfully conducted an eye camp on March 12. It appeared in a Marathi newspaper on March 22. On the same day, in North Goa, the Deputy Collector, SDO and ARO, Panjim slapped a notice asking it to explain Parrikar's statement at a press conference which read thus: 'BJP will scrap casinos if elected to power.'

On the very next day, on March 24, the EC dispatched two more notices. This time, it wanted the BJP to explain the statements of its state office bearers -- party spokesperson Govind Parvatkar and general secretary (organisation) Prof Subhash Salkar. While Parvatkar accused the Congress of violating the model code of conduct in connection with a display of hoardings, Salkar castigated GPCC general secretary Vishnu Surya Wagh. EC accused the BJP of violating the model code of conduct.

In all its replies, the BJP has denied any violation of the Model Code of Conduct. Identical letters sent by the party in reply to the EC notices explicitly stress on this while demanding to know under what provisions of the Model Code of Conduct has the EC asked the BJP to submit a detailed explanation. "We called on the state Election Commissioner. He expressed surprise and directed us to the Collector. After calling on the Collector, he promised to inquire into the notices sent by Deputy Collector," informed BJP general secretary (organisation) Prof Subhash Salkar.

Contempt notice to Old Goa PI

BY A GT REPORTER
PANJIM: The Bombay High Court at Goa issued notice to Old Goa Police Inspector Gurudas Gaude for not filing a chargesheet and instead closing the criminal case against the Health Minister Vishwajeet Rane.

The notice was issued in a contempt filed by Aires Rodrigues against the PI for not acting in a proper manner in the complaint of threat to kill filed by him against the minister.

During the hearing Adv Rodrigues pointed out that statement made by Public Prosecutor Winnie Coutinho before the High Court on September 23, last year that the chargesheet would be filed by the police against the health minister was false. He also added and that she was in regular contact with the minister. Vishwajeet Rane.

The social activist alleged that the Old Goa PI failed to file the chargesheet please Rane and this act of contempt was gross, contumacious and interferes with the due course of administration of justice.

Rohit Monserrate gets green signal for holiday abroad

BY A GT REPORTER
PANJIM: The Children’s Court, Monday (March 30), granted conditional permission to Rohit Monserrate to travel abroad a holiday. The President of Children’s Court Desmond D’Costa this permission only for a period of 45 days and asked Rohit to deposit his passport within seven days after his return to Goa.

Counsel for Rohit, Advocate Arun Bras De Sa assured the Court that his client would abide by the conditions. “He has to submit a copy of his passport, visa and travel ticket before his departure abroad,” the Court ordered.

The 21-year-old Rohit, who was of raping a German minor last year, submitted an affidavit to Court stating he wishes to accompany his parents abroad for a holiday for a period of 45 days form April 20.

The Monserrate family is expected to travel London and Dubai during this period.

On the other hand, the prosecution objected saying that suo-motto petition regarding the same was pending before Bombay High Court at Goa and as such the hearing has been fixed for April 27.

It's Dr Monserrate, not Babush!

TUESDAY TANTRUMS: By Ashley do Rosario
So, what is social activist, Aires Rodrigues, fighting about Education Minister, Atanasio (Babush) Monserrate's educational qualifications for?
Leave alone a Secondary School Certificate, the Education Minister is now flaunting a doctorate and signs his name with the 'Dr' prefix.
Earlier this month, the Archdioceasan Board of Education celebrated the Catholic Schools Day and in commemoration, released a souvenir, which carried four messages. The first was from the Archbishop Felipe Neri Ferrao. This message, is followed by that of the Bishop Emeritus, Raul N Gonsalves. And then, in that order are those of Babush and the Director of Education, Dr Celsa Pinto.
Nothing wrong that the message of the Taleigao strongman, is interspersed with those of such illustrious personalities as the present Archbishop, the past Archbishop and the current Director of Education. After all, he's our education minister. But, what caught our attention, is that he's signed the message as 'Dr Atanasio Monserrate'.
Could it be an error on the part of Archdiocesan Board of Education, who published the souvenir? Well, inquiries revealed to us that it doesn't seem to be the case. What's printed on the souvenir is a scanned facsimile of the message sent by the Education Minister's office to the souvenir's editorial board. If it indeed is an error, it must have been committed at the Secretariat, by the personnel employed in Babush's ministerial office.
So, until such time as the air is cleared by this office, thanks to the Archdiocesan Board of Education's souvenir, Goans can breathe easy that it's not a non-matriculate (as Aires continues to allege) who is our education minister, but a 'doctor'.

Luizinho's chopper phobia

Now that he's failed to secure for Valanka his lawyer-daughter the Congress' South Goa ticket, PWD Minister, is threatening to name those who 'sabotaged' Valanka's chances. A bird that flew with Churchill from Delhi tells us that at the top of his list is none other than former CM, Luizinho Faleiro, who is the highest in party hierarchy among Goan Congress leaders, at Delhi.
Apart from chopper-hopping from one state to another in the North East, Luizinho, according to Churchill's bird, has also been touching ground at Delhi, to make sure his god-son's sister doesn't get to be the Congress' candidate. Salcetians will have to now brace up for another round of frenzied Luizinho-bashing from the 'kumpar', curtains for the first episode of which he is threatening to raise at the Lohia Maidan today.
But it's not Churchill's antics that's working on Luizinhobab's mind who has almost developed a phobia against chopper-flying in the North-East. According to a first-hand input, Luizinho is being told in constituency after constituency that he lands in the states he's been given charge of by the AICC, that several MLAs have been killed in chopper crashes.
So, if you've been one of those who's heard of Luizinho's chopper-flying sojourns, get ready to now hear how he's discarded this mode of transport which by far is the most convinient in the North-East.

Deshprabhu joins race for NCP ticket

BY A GT REPORTER

PANJIM: A crucial meeting of the coalition partners - Congress and NCP - has been called at the Chief Minister's official residence at Altinho at 12 noon on Monday (March 30), to declare the candidate for the North Goa Parliamentary seat, which has been allotted to NCP.

A meeting held Sunday evening remained inconclusive after most of the leaders from both parties opposed Nirmala's candidature and surprisingly favoured former Pernem MLA Jitendra Deshprabhu. It is learnt that Deshprabhu had already left for New Delhi and expected to join the NCP if he was chosen as the candidate.

Chief Minister Digambar Kamat, GPCC president Subhash Shirodkar, NCP state president Dr Wilfred de Souza, Revenue Minister Jose Philip D'Souza, Tourism Minister Mickky Pacheco, Education Minister Babush Monserrate and Calangute MLA Agnelo Fernandes attended the meeting. The meeting was earlier scheduled at the residence of Speaker Pratapsing Rane at Altinho but was shifted to the Chief Minister's residence after the former expressed his inability to attend the meeting.

When contacted, Revenue Minister Jose Philip told GT that another meeting would be held today afternoon after which the NCP candidate would be declared. Though he refused to divulge details of yesterday's meeting, he admitted that both Nirmala and Deshprabhu's names figured during the meeting.

Meanwhile, the central committee of the Maharashtrawadi Gomantak Party (MGP) also met at Panjim yesterday and finalised the names of its president Pandurang Raut and Lavu Mamledar, a former police officer for North Goa and South Goa constituencies respectively.

I cleared file for Football Academy: Mickky

Tourism Minister Francisco (Mickky) Pacheco, who also holds the housing portfolio, is being blamed for the AIFF-Bharti Airtel Football Academy exiting Goa. GT caught up with the minister to know the reasons why the minister held on to the file relating to the land transfer for the academy.


Q. At the recent Dabolim airport expansion function, did Union Civil Aviation Minister Praful Patel instruct you to clear the Housing Board file for land at Panzarconni-Cuncolim? Why did you not oblige Patel, who is also your party's leader?
Ans: Yes, it is true that Patel, who is also the AIFF's acting president had asked me to clear the file for the football academy. Upon his word, I wrote to Goa State Urban Development Agency (GSUDA) to sign the agreement. Also in the first cabinet meeting, I had a talk with GSUDA that any project on that land would be undertaken by Housing Board with GSUDA being paid Rs 5 crore. The file had also been sent for whetting. Simultaneously, Sports Minister Manohar (Babu) Azgaonkar moved a proposal at the cabinet meeting seeking the land for the academy.

Q. Was the issue ever raised in the cabinet? What was the decision? If the cabinet had approved the football academy, then are you not bound by this decision?
Ans: Yes, the sports minister had moved the file bypassing me. You have to remember that the property belongs to Housing Board which is my portfolio. This is not right. But for the betterment of Cuncolim, I had sent the file for whetting on February 6 with a letter to the GSUDA for signing the agreement. But the Urban Development Minister Joaquim Alemao approaches the media claiming that the file has not been transferred.

Q. Did the Chief Minister Digambar Kamat not discuss this matter with you?
Ans: Kamat did ask me and I informed him that I had sent the file to GSUDA for signing the agreement for land transfer. But it had still not been transferred since Joaquim (who also heads GUDA) had not signed it.

Q. You are known to be an ardent football lover and previously owned Fransa Football Academy. So why were you against the AIFF-Bharti Football Academy at Cuncolim?
Ans: Though I am not into football right now, I do love football and have realised that after many years of playing football, one could not complete one's education with there being a maximum 12 years of playing life. So also I did not disband the Fransa team that had bagged many trophies within three years due to any financial reasons but because the AIFF bends the rules as they please. The AIFF president Priya Ranjan Das Munshi has never passed any resolution providing footballers proper recognition when they have represented the country. Else, what steps have been taken by the AIFF to reward these talented footballers? Can they provide any guarantee of job security? What sort of justice is this?

Q. Doesn't Goa which is synonymous with football and which has produced many good footballers need an academy?
Ans: Yes, it does require. But football that is in a Goan's blood cannot be the only goal. Promoting and safeguarding the interests and lives of every player is essential as they have no job security. There are so many retired players who are now forgotten. Goa has produced many good players who are representing the country. But what can it afford them after their career is over? A good deal of money is presently being pumped into cricket that is enough for the rest of one's life.

Q. Did Joaquim, who is also GFA president and is now been elected to the AIFF executive, meet you and speak to you about the proposed football academy at Panzarconi-Cuncolim?
Ans: Joaquim never spoke to me. But I feel that Joaquim has malafide intentions since he has changed his decision of having a technical college in the area.

Q. Was there any request made to you by the Cuncolim residents? Did they meet you on this issue? What was their demand?
Ans: Cuncolim residents did meet me requesting not to have the football academy. But I told them that since it is your village, you should tell the local MLA. They claimed that this football academy decision came later as there was initially a proposal to set up a technical institute.

Q. Now that the proposed AIFF-Bharti Football Academy has been scrapped at Panzarconi-Cuncolim, what use will this land be put to?
Ans: Now that the academy is scrapped, I will have to send a letter to GSUDA not to sign the agreement stating that I will return the money back to the GSUDA. I will personally tour the area to ask the villagers what they want and fulfill their demands.

Q. Will you take Joaquim, who is the local MLA into confidence?
Ans: No, the local MLA gives one promise to the Cuncolim residents but immediately changes it due to his vested interests.

Q. Will there be a ground constructed there?
Ans: This is not the only land. If at all the AIFF requires, they can ask me as the housing minister, I have some property and can still acquire the land and hand it over to them.

It’s Sardinha again

BY A GT REPORTER

PANJIM: The All India Congress Committee (GPCC) on Saturday (March 28) announced sitting MP Francisco Sardinha as its candidate from South Goa constituency for the Lok Sabha elections slated on April 23.
Sardinha’s candidature was finalised at a meeting of the Central Election Committee (CEC) chaired by AICC president Sonia Gandhi.
This is for the third time Sardinha will contest the Lok Sabha election from South Goa constituency. He first won the seat in 1998 mid-term elections and again got elected in the by-election held in October 2007.
When contacted, Sardinha thanked the party for giving him the ticket again to contest the Lok Sabha election. “I am sure that all party men will work during the election. The victory is ours and that will give another opportunity to serve the people for next five years,” Sardinha said.
Asked about the fate of the amendment to The Prevention of Cruelty to Animals Bill introduced in the Parliament, Sardinha said that his Private Member’s would lapse with the dissolution of the current Parliament and added that it would again bring the amendment in the first session of the new Parliament.
He said that the Coastal Regulation Zone (CRZ) Notification affecting the traditional fishermen was in the concurrent list and expressed confidence that the Congress party would solve this issue in the larger interest of the people of Goa.
Meanwhile, it is learnt that the North Goa seat as been alloted to Nationalist Congress Party (NCP), who will announce its candidate by today, March 29.

Here comes Fomento on Mission Sonsoddo!

While the inferno of controversies continues to rage over Sonsoddo, Fomento Group now awakening to its Corporate Social Responsibility has offered to manage the garbage site, reports JULIO D’SILVA.


Although the stink due to the garbage at Sonsoddo has died down since Goa Foundation started managing it since November last year and though the fire that engulfed it has been capped, controversies dogging this site refuse to die down with the Fomento Group now awakening to its Corporate Social Responsibility and offering to manage the site.
It may be recalled that Goa Foundation had offered to manage the site and set in place the necessary equipment to handle the nearly 40 tonnes of garbage dumped at the site everyday. They also offered to treat and dispose the accumulated garbage.
After much deliberations and delays primarily initiated due to Urban Development Minister Joaquim Alemao’s aversion to Goa Foundation, the authorities approved their proposal, as the five-member committee appointed by the government to whet their proposal, backed it.
Having started the work at Sonsoddo on 27th November 2008, Goa Foundation has baled nearly 60 tonnes of plastic waste and prepared 60 tonnes of compost from the meat and vegetable garbage that was brought everyday to the site.
“The baled plastic and compost is totally worth around Rs 2 lakh and the municipality is in the process of issuing tenders to sell it,” disclosed Claude Alvares of Goa Foundation.
Margao Municipal Chairperson Savio Coutinho however pointed out that there were no takers for the plastic at the moment as due to the recession, there are no takers for plastic to be recycled. He also admitted that a company from Maharashtra had evinced interest in lifting the compost.
However, it has not been smooth sailing for Goa Foundation, as it had to struggle at every moment. “The council took one month to provide me with a 100 metre long pipe of one-inch diameter that was required to tackle the fire at the site,” disclosed Dr Alvares while pointing out that though they are only supposed to handle the garbage that is brought in daily, they are offering to treat the nearly 120 tonnes of accumulated garbage at the site that had caught fire.
While pointing out that their work has been stalled because the MMC is yet to provide them with a three-phase connection, Dr Alvares said it was because of these delays that he moved the court that has now directed that a fire tender be provided to them to tackle the fire that is raging underneath and has merely been capped by dumping mud on top.
Experts opined that fire at the site was inevitable since any decomposing process releases methane gas, which is highly inflammable and those working at the site revealed that practically everyday there is fire sprouting from some place or the other which has to be doused.
“There is fire raging underneath, which cannot be seen because of the mud dumped on top. But if you dig, you are bound to find the fire which probably only the monsoons may be able to put off,” opined Subhash Kamat the supervisor at Sonsoddo.
But even as the situation at Sonsoddo was as mentioned above, the situation has now taken an interesting turn with Fomento Group offering to manage the site.
“We have to consider their proposal even though they have not given any details, because there is no financial liability involved and I do not want any allegations against me tomorrow,” said Coutinho.
He informed that Fomento has offered to manage the Sonsddo site on Design, Build, Operate and Transfer basis, but not given any time-schedule for this entire exercise. Besides, Coutinho disclosed that a few clarifications are required from Goa Foundation.
“Initially Goa Foundation had proposed to set up two machines that would sieve the garbage at the rate of 75 tonnes per hour but are now proposing to purchase two machines of 45 tonnes capacity,” pointed out Coutinho.
Besides, he revealed that Goa Foundation had quoted an amount of Rs 51 lakh for the first phase that involved tackling the daily garbage. “We have done it departmentally for the moment by using our staff and it has cost us only around Rs 10 lakh,” said Coutinho justifying why he has to take the Fomento’s proposal seriously.
Dr Alvares clarified that the capacity of the machines was a genuine typographical error on the covering letter though on all other documents the capacity was clearly mentioned as 45 tonnes.
As for the expenditure, he pointed out that the work has not yet commenced on the scale it was meant to be because of the procedural and other delays. “I am not into this for business but as an environmentalist, I genuinely feel that Sonsoddo can be an example for others to show how garbage can be managed scientifically,” he asserted.
“I would be more than happy if somebody takes over the site and manages it. In fact, that is our aim - set up the infrastructure and then let somebody manage it,” said Dr Alvares reacting to Fomento’s offer.
However, he was wary of the offer coming from Fomento. “In the first place, they have no expertise as they cannot handle the garbage at their hotel Cidade de Goa while we have the expertise and we have worked at Sonsddo earlier,” he said.
Senior Director of Fomento Resources, Francisco Lume Pereira clarified that his company was only facilitating the project by engaging the services of Pune based ILNFS Ecosmart to initially study the situation and then manage the site.
“As we do not have the expertise, we have engaged the services of ILNFS that is managing the garbage site at Okla in New Delhi, which has also been visited by Chief Minister Digambar Kamat,” he said while adding that the company is managing 10 other garbage sites in the country.
ILNFS is currently studying the site and in the last half of February 2009 took bore hole samples of the accumulated garbage to study the character of each strata and within two months are expected to give their suggestion on how the site is to be managed.
“Our Chairman Audhut Timblo, in the last week of January this year, suggested that we take up this project as part of our Corporate Social Responsibility probably after visiting his mother who lives in the vicinity of Sonsddo,” said Pereira.
Sujoy Gupta, Vice President-Communications of the company stressed the point of Margao being close to the heart of the Timblos as they hail from the area and how Timblo wanted to do something for the city and particularly in handling the garbage that is giving the town an ugly look.

Parrikar allowed casinos first: CM

BY A GT REPORTER

PANJIM: Chief Minister Digambar Kamat yesterday pointed fingers at his nemesis on the Casino issue, Opposition leader, Manohar Parrikar, saying the first off-shore casino was permitted to operate in the Mandovi river in 2001 during the latter’s reign as Chief Minister.
“The first off-shore casino to come in Mandovi river was in the year 2001 and the permission was given at that time. Who was the Chief Minister, you very well know,” Kamat said, at a hurriedly called press conference he addressed at his official Altinho residence.
“The first casino to come and be permitted as per government records was in 2001, with licence granted to ply. The department had no objection to vessel MV Caravella to ply and operate in Panjim port limits and inlands water limits upto Mandovi and Zuari bridges on payment of dues and till such time (I repeat till such time) all the certificates are valid,” he said, reading out an official note.
Subsequently, the permission was renewed by the Home Department in the year 2004 and it was valid till December 1, 2009. This vessel was operating without permission from the Director General of Shipping, Kamat said, adding that the DGS’ permission was granted in 2007.
Kamat stoutly refuted all allegations levelled by Parrikar that all decisions regarding casinos were taken under pressure and involvement of Ahmed Patel, political advisor to AICC president Sonia Gandhi.
“There is absolutely no truth in this. Ahmed Patel or nobody from Delhi till today had at any time intervened or spoken to us,” Kamat said, adding that these allegations were being made only to attract media attention and because it’s election time.
“This is a gimmick,” Kamat said of Parrikar’s campaign through the media against the government on the off-shore casino issue.
“I never like to make personal allegations against anybody. I follow decorum,”' a visibly upset Kamat said.
The Chief Minister however was non-committal on the government’s policy vis-a-vis the number of off-shore casinos to be allowed in future as against the seven at present.
He said during the last Cabinet meeting it was decided that these vessels should not be in the city limits and that they should be asked to leave the Mandovi river and located in the Aguada bay. Within six month these vessels would be asked to move further away, he added.
To a question, Kamat said, the original advertisement released in 2006 was for granting permission to 10 off-shore casinos.
Accordingly, a total of 22 applications were received. But the then Cabinet subsequently decided to restrict the total number to up to five vessels. But by that time, two were already in operation and so it was decided that seven vessels would be allowed, he added.
“At the last Cabinet meet, our first priority was these vessels should go out. If willing they may bring bigger ships and ply them four nautical miles away, nobody would object,” he said, adding that only six were operating in Mandovi river.

Number 13 proves unlucky for Cidade de Goa

BY A GT REPORTER

PANJIM: If numerology counts for anything, the number 13 has proved to be unlucky for the owners of Cidade de Goa.
For them it is the curious case of how a 13-word clause turned over 19,000 square metres of land from an asset into a liability.
On 15 November, 1978 the owners of Cidade de Goa made an application to then Revenue Minister Shankar Laad for acquisition of land comprising several survey numbers. After a study the government agreed to acquire land under Survey No 803 and 804.
However, under the Land Acquisition Act it was necessary for the government to sign an agreement with Cidade de Goa before handing possession of the land.
Accordingly, an agreement was signed on 26 October 1983. The third paragraph of the this agreements states that the land is being acquired for, “…the following purpose namely – tourism development project – construction of hotel at Curla, Vainguinim, Taleigao.”
The agreement governs the manner in which the land will be used and the first part of Clause 4 (viii) states, “the company shall never construct any building or structures in the acquired land.”
This is the clause that the Supreme Court relied on to come to the conclusion that the construction was illegal and therefore should be demolished. The court ruled that the agreement has the force of law. Count! This clause contains 13 words.
The acquired land was meant for a yoga center, health club, water sports and other recreational facilities. Possession of the land was granted only on 26 March 1985.
Subsequently the owners made an application to the Panjim Planning and Development Authority for extension of the hotel. Permission was granted in October 1987.
After some time another application was made by the owners of the hotel for renewal of the earlier permission “with a deviation”. This time the controversial plot number (acquired land) was included for the first time.
At this point of time it is important to refer to the second part of Clause 4 (viii) which states, “prior approval of the Economic Development Council of the Government of Goa, Daman and Diu will be obtained before undertaking activities for its development, besides other statutory requirements under the existing laws.”
The order also stated that the hotel owners, because they were aware of the embargo for construction did not place their application before the Economic Development Council.
In an interaction with officials of Cidade de Goa it was clarified that the company has filed a review petition before the Supreme Court, where it hopes to show that the application was cleared by the EDC.
The question that begs an answer is, if the Clause 4 (viii) literally banned the company from erecting any construction on the acquired land why did it apply for the same?
Officials of the company argued that, over the last two decades the company and many different governments interpreted the agreement and clause 4 (viii) to be harmonious with construction since the purpose of acquisition was “Tourism Development Project – Construction of Hotel”.
Unfortunately for the hotel owners, the Supreme Court did not rely on the second part of this clause, which might be construed as allowing the owners of the hotel to seek permission for construction. Instead it relied on 13-word clause to order demolition of all construction on the acquired land.

Tourism project is public purpose: SC

Acquisition of land for Cidade de Goa project upheld


BY A GT REPORTER

PANJIM: Can the state government use the excuse of ‘public purpose’ to acquire land for a private hotel project? This issue was dealt with extensively by the Supreme Court in the Cidade de Goa case and the verdict is, ‘Yes’.
Of the five issues dealt with by the Supreme Court in the case one was whether the government’s acquisition of over 19,000 square metres of land for the Cidade de Goa hotel project was acquired for ‘public purpose’ or ‘to be used by the public’.
First a little bit of history. In the late 1970s, the present owners of Cidade de Goa acquired two pieces of land. These two pieces were separated by a third piece (the acquired land) in the middle.
However, when attempts to purchase this third piece failed, the owners made a request to the government to acquire the land.
The hotel’s owners indicated to the government that the first phase of it’s project envisages construction of the hotel building and in the second phase it was intending to put up a yoga center, health club and water sports facility which will also be useful to the general public.
Subsequently, the land was acquired and an agreement was signed between the government and the hotel owners.
The notification issued by the then government clearly mentioned that the land was need for public purpose, namely the tourism development project – construction of hotel at Vainguinim, Taleigao.
The question before the court was whether the land was acquired for ‘a public purpose’ under Section 40 (1) (aa) or for the ‘use of the public’ under Section 40 (1) (b).
The Supreme court ruled that, “there is no escape from the conclusion that the acquisition was under Section 40 (1) (aa) of the Act which is public purpose.
More importantly the Supreme Court in its order noted, “It is also necessary to bear in mind that tourism is an important industrial activity in Goa which attracts tourists from all over the country and abroad. A huge amount of foreign exchange is generated by this industry apart from providing employment and ancillary benefits to a large section of the population of the state. Therefore acquisition of land for tourism development project is certainly for public purpose.”

Recreational facilities

Another issue considered by the Supreme Court was whether the recreational facilities and amenities created by the owners of Cidade de Goa in the acquired land was contrary to the purpose of acquisition and is also violative of the agreement and could this be made a ground for resumption of the acquisition of the land?
On this issue the court decided in favour of Cidade de Goa. “The question deserves to be answered in favour of the appellants (Cidade de Goa),” the court noted.
The order stated, “a reading of the application dated 15 November 1978 made by appellate (Cidade) makes it clear that it had no intention of making available the facilities of yoga center, health club, and amenities like water sports to the general public.
“Rather in Para 6 of its application the appellant (Cidade) made it clear that the facilities provided by the hotel will be open for use by non-residents also on membership basis.”
“Therefore it is not possible to agree with Ms Jaising (advocate for Goa Foundation) that the facilities and amenities created by the appellant should be made available to the general public free of cost.”