The Dysfunctional TCP System
The continued existence of the TCP Act of 1974 has become a threat to the very stability of the State, writes Averthanus L. D’Souza
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It has already been acknowledged that the Goa, Daman & Diu Town and Country Planning Act of 1974 was conceptualized at a time when participatory planning was not even thought of, and, in any case, much before the 73rd and 74th Amendments to the Indian Constitution were enacted by Parliament in 1992. The TCP Act of 1974 is not only obsolete and irrelevant at the present time, it has actually become a major obstacle to development in Goa. The continued existence of the TCP Act of 1974 has become a threat to the very stability of the State and to the conservation of the environmental and socio-economic resources which has made Goa so attractive to the rest of the world.
Without a rational legal framework to enable development to take place in Goa in a systematic and coordinated manner, Goa has become like a carcass upon which any predator can descend. In fact, many large and influential estate agencies have already begun their pillaging of this once beautiful and idyllic piece of paradise. Construction works have commenced with no regard to the environmental and social consequences to the local inhabitants. Immigration from near and far is haphazard and uncontrolled. Illegalities abound and the various departments of the government are reduced to ‘regularizing’ all the illegal activities of builders and big industrialists. In short, we have reached a stage where there is a complete breakdown of government. In complete violation of existing policies, polluting industries have been permitted to set up their factories in Goa; mining has encroached into forest and other eco-sensitive areas; the rivers have been turned into industrial and municipal sewers. All in all it is a sad story of the ravaging of a once beautiful and peaceful piece of earth.
In a grandiloquent statement on the occasion of the 61st anniversary of India’s independence, the Chief Minister of Goa announced the formation of two Commissions for Goa: a Law Commission and a Goa Human Rights Commission. The citizens were told that the Law Commission would be asked “to recast the TCP Act of 1974 to address modern trends in development of infrastructure. The Law Commission, it is proposed, will be asked to take up the TCP Act on priority to suggest amendments to it.” We have had no further news of what has happened to this promise, which was made solemnly within the precincts of the Legislative Assembly.
It has been the contention of this writer that the Goa, Daman and Diu Town and Country Planning Act of 1974 should be totally repealed as being obsolete and irrelevant, and that it should be replaced by a completely new Act which will provide the framework for overall development in Goa. This new Act may be called “The Goa Development Planning Act.” The Act should eliminate the inbuilt incongruities in the TCP Act, 1974. Let us take just two examples of these incongruities.
1. The relevant responsibilities of the Chief Town Planner and the Town and Country Planning Board are extremely ambiguous in the existing Act. As it is worded, it is not clear whether the TCP Board is a “consultative body” to the CTP or whether it has any decision making authority. Article 13 of the Act gives the final authority to formulate the Regional Plan to the Chief Town Planner “(3) The Chief Town Planner shall, if necessary, revise the regional plan and the report in the light of any modifications suggested by the Board and submit them to the Government together with the comments received from the public on the regional plan for approval.” It appears that the Board may only make suggestions to the CTP. However, in the past the Board has mistakenly assumed that it is the final decision making authority. Similarly the notification of the approved regional plan in the Official Gazette is to be made by the CTP, according to Article 15 of the Act.
2. The relationship of the Chief Town Planner with the Planning and Development Authorities is also ambiguous. The TCP Act of 1974 empowers the Government to constitute independent Planning and Development Authorities, under Article 20 of the Act. The Act provides for the setting up of separate and independent “Planning and Development Authorities” with separate Boards and separate corporate structures. The relationship between these Planning and Development Authorities and the Chief Town Planner is nowhere specified; neither is the relationship between these independent Planning and Development Authorities and the Town and Country Planning Board spelled out. In the absence of any such specification it can only be presumed that these PDAs act independently of the Chief Town Planner and the Town and Country Planning Board. In fact, past experience has shown that that is exactly what has happened. Each PDA has acted without any reference to the “regional plan” or to the Chief Town Planner.
Such incongruities in the TCP Act of 1974 has made a total mockery of the concept of regional planning. This alone is compelling reason for the present TCP Act, 1974 to be scrapped. Spatial planning and development planning. Another major fault of the existing TCP Act of 1974 is that it has not paid any attention to the fact that planning is, and has to be, an integral process. The concept which determined the existing Act viz. the concept of territorial planning, is obsolete and totally irrelevant to present conditions. The allocation of land space for different economic and social activities has to take into account the overall plan for the socio-economic development of Goa. Without such a “Development Plan” for Goa, there will be utter chaos in the allocation of scarce land. In the past, the need for an overall Development Plan was not felt as acutely as it is today. Therefore, we need to put in place a new Goa Development Planning Act, in which land allocation for specific purposes will also be given its rightful place. As things are going at present, land is being allotted only on the basis of pressure from vested interests – the mining lobby is encroaching into eco-sensitive areas such as forests, the building and estate agencies are grabbing agricultural lands to put up massive residential complexes, the tourism-cum-gambling lobbies are choking up the waterways with their floating casinos etc. etc. – and the government of Goa is completely clueless about what it wants to do by way of a planned and systematic development of this lovely State.
The problem of Goa (yes, Goa has become a problem) is compounded by the fact that we do not have a cohesive and coherent government. Each minister and/or M.L.A. manipulates the system to suit his/her own interests and the Chief Minister looks on helplessly as Goa is literally being torn to shreds.
The enactment of a new Law – The Goa Development Planning Act – and the simultaneous repeal of the existing Goa, Daman and Diu Town and Country Planning Act, 1974 has to be taken up with the utmost urgency to prevent further deterioration in the economic, social and cultural milieu of Goa. The Goa Law Commission, which was set up by the Chief Minister, and which was given the task of preparing an alternative to the existing TCP Act has shown no signs of vitality so far. The citizens are anxiously waiting to receive a progress report from the Chief Minister.
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Little Matters
By Vanessa Lobo
One Day At a Time
It seems to me that we’re always living in ‘yesterdays’ or ‘tomorrows’. Too many people in today’s world constantly live in the “good old days” or in “tomorrow’s dreams/problems”. Thus we never really enjoy “today”.
From the time we get up in the morning, we’re always thinking about the rest of the day and the next day as well. We think about the jobs we have to do, the people we have to meet, the places we have to go to etc. Even as we go through the day, we’re always thinking about what we are going to do next. And then we have the usual tendency to worry. No matter what the situation, you can be sure that there’s always something to worry about! No wonder we are surrounded by so many WORRYHOLICS! What if I miss the bus, what if I don’t meet Mr. or Ms .Perfect, what if I fail in my exams, what if I displease the boss. The list could go on forever.
Anyway where were we? Oh yes, we started with the whole “Worry List” because we were thinking about the future. It’s very good to be farsighted and plan for the future, but we sure could do without worrying the whole way until we get there. After all, worrying doesn’t help at all. Who knows what will happen in the future? So, why worry about something that may not even happen at all? As for the problems that may occur, it’s better to cross the bridge when we get to it!
In fact, if we take things one day or moment at a time, we would probably enjoy ourselves a lot more. And, as we look back on our life, we’ll have happy memories to treasure. Sometimes, we have a big task ahead of us like achieving a high percentage in an exam, finding a job, planning a wedding, going on a diet etc. As we look at how enormous it seems, we feel unsure and overwhelmed. But all we have to do is, break it down by planning one day at a time. In no time, the same job seems manageable and we feel confidant once again.
Even if we are going through a rough phase, the same principles apply. After all, we only have to get through “one day” and another and another. Within no time, before we realize it, a few years have passed already! That’s the power of living one day at a time. Jesus so wisely says “So do not worry about tomorrow; it will have enough worries of its own. There is no need to add to the troubles each day brings,” (Matt 6:34)
How much happier we would be if we make a firm decision to trust God and not toworry!
“Live life one day at a time”. That’s a powerful phrase and a great motto to live by! So let’s stop worrying and start really enjoying every minute of our life!
