Arbitrary power, broken horizons: Goa at crossroads

ALBERTINA ALMEIDA

Concerns are rising across Goa. Just as the Unity Mall controversy began fading from the news—after the Gov ernment of Goa was compelled to honour the wishes of the valiant people of Chimbel and abandon its plan for a Unity Mall and a Prashasan Stambh – a new storm surfaced: the pro posal for yet another casino in Panjim, this time on a massive eight-storey vessel. Even as that issue was heating up, residents of Pale–Siridao stepped for ward, demanding that the Gov ernment halt its use of Section 39A of the Town and Country Planning Act to convert 84,000 square metres of land, includ ing hill slopes, into developable zones—an act that would make a mockery of eco-sensitive and no-development classifica tions. They publicly challenged the arbitrary powers vested in the Chief Town Planner under Section 39A to carry out spot zoning and spot zone-changes. These concerns are not iso lated. They form part of a con tinuum of demands and anxie ties echoing across Goa and the rest of India. As I have argued in an earlier column here, Uni ty Malls symbolise a homog enising impulse that under mines the federal structure of the Indian Constitution. While the withdrawal from Chimbel is worth acknowledging, it is equally necessary to question the Rs 100-crore project it self—wherever it is placed— and what it portends for Goa’s economy. It is not enough to push it out of one’s backyard only to have it imposed else where, especially when the very concept is inherently flawed. The Centre, not the States or districts, decides— without consultation—what each district’s “distinct prod uct” will be for branding and marketing. Similarly, neither the stop ping of the eight-storey casino nor any relocating of the exist ing casinos from the Mandovi river will resolve the deeper malaise they represent. The horizon itself is being shaped by these floating behemoths, while the ground beneath us is shaken by the culture they foster. Casinos bring with them a bouncer-mafia ecosystem where power and pelf, not democratic planning, deter mine the fate of Goan society.

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Goa does not need casinos an ywhere—nor does it need “in tegrated resort complexes,” the latest euphemism for a cocktail of casinos and everything that disturbs the Goan horizon. As if this were not enough, the dredging required to bring such a massive vessel into Goa’s rivers will further tear at the State’s ecological fabric. Dredging in the Zuari for coal transportation has already been flagged as a grave threat by Goyant Kollso Naka, endan gering lives, livelihoods, health, and wildlife along the transport corridors. Now, additional me ga-projects threaten to intensi fy the assault on our rivers. When the people of Pale Siridao stormed the Town and Country Planning Department, they did so out of love for their land. Their MLA supported them and raised the issue of Section 39A itself. If the in vocation of a section of a law triggers a public agitation that ultimately forces the Govern ment to retreat, then surely that section of the law cannot be invoked elsewhere. Its arbi trary powers stand exposed. The Government should im mediately repeal Section 39A and any other provisions in the Town and Country Planning Act that grant arbitrary authority. The Act, dating back to 1974, must be updated to reflect the 73rd and 74th Constitutional Amendments and evolving ju risprudence on free, prior, and informed consent by the people. After sustained efforts by the Goa Bachao Abhiyan, it is now accepted that the term “special planning” in the Goa Panchayat Raj Act was inappropriate and had to be replaced with “spatial planning.” The Investment Pro motion Board Act, which grants sweeping powers to the IPB, should also be repealed – it is a mega-version of Section 39A. The Government must also repeal amendments to the Goa Public Gambling Act, 1976, which permit slot machines in five-star hotels and offshore gaming. Any notifications or rules that legitimise casinos- whether under the guise of integrated resort complexes, aerotropolises, or any other la bel- must be withdrawn.

Likewise, the Government should abandon its “One Na tion, One …..” policies, under which Unity Malls are being imposed. We already know what “One Nation, One GST” has meant for Goa. We already know what the Uniform Civil Code debate has been reduced to – where neither the champi ons of uniformity nor the de fenders of diversity address the inequities embedded in uni form, secular, or personal laws, except when selectively target ing minority communities. While dominant forces beat the drums of Goa vs Karna taka, uniformity vs diversity and conversions, they quietly unite to facilitate the destruc tion of Goa’s land, livelihoods, and people. The State makes no effort to consultatively craft a sustainable revenue or eco nomic plan grounded in con stitutional morality. Nor does it prepare a budget aligned with a democratically evolved so cio-economic vision. All these laws and policies that encroach upon Goan soci ety and the Goan horizon must be recognised for what they are: TRANSGRESSIONS. And those pushing them are trans gressors – THIEVES OF GOA’S LAND AND ECOSYSTEMS. It is not the people standing up for their rights – whether at the TCP Department or outside an MLA’s or Minister’s residence – who are the transgressors. Pro testers and their elected repre sentatives cannot be dragged down the steps of the gov ernment offices by the police force, as was the case with Sant Andre MLA and Tushar Gawas, whether or not the police were instructed to do so by the pow ers that be. Protesters cannot be scapegoated for supposed missing files in departments, nor punished for protesting outside the concerned minis ter’s house, when the minister refuses to even acknowledge their genuine concerns.

Yet, even amid these strug gles, the people have not lost their sense of humour. Protest ing the opaque Bandhara pro ject, the residents of Mirabhag, Sanvordem, left the Water Re sources Department office with empty hands raised, saying they do not have anything in their hands. A simple, power ful affirmation that the people stand only with their concerns – their lands being submerged or appropriated, their liveli hoods destroyed, their lives en dangered – while projects are attempted to be thrust down their throats in the name of de velopment. This column is dedicated to Diana Tavares, who passed away on 27 February 2026. Her immense contribution – born of meticulous, tireless work – to the cause of environmental and social justice – has left an indel ible mark on Goa. (Albertina Almeida is a lawyer and human rights activist)

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