When the State fails its people, disregards the judiciary

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Recently, the Bombay High Court at Goa vented its frustration and judicial anger quite clearly on the unabated, contemptuous and unchecked sound pollution in the coastal belt of North Goa. But music continues to be played by restaurants in Vagator and Anjuna with impunity.

In the closing statements, Justice M S Karnik observed, “It is clear that matters are getting out of hand and there will come a time when we will have to start calling the Police Inspector of the police station to court and then their higher ups. Please put mechanisms in place before we reach that stage.” 

On the other hand, in an absolute mockery of the ban on the use of LED lights on fishing vessels, a court-directed inspection report by Goa Shipyard Limited (GSL) has exposed rampant and almost criminal violations by fishing vessels at Cutbona, Malim and Vasco. Of the 16 fishing boats inspected across three fishing jetties,14 were found equipped with generator sets and LED lights.

The report is shocking and underlined how Goa’s fishing sector has been hijacked by illegal LED-laden vessels, who are destroying the fish catch and knocking traditional fisherfolk out of business, under the watch of the Fisheries Department. These vessels are operating without licenced boat operators and not a single boat inspected had life rafts and smoke distress signals, refrigeration systems or air-conditioning.

In another misery dawning upon Goans, the proposed Town and Country Planning (Amendment and Validation) Bill, 2024, has ignited a firestorm of criticism from environmental activists, legal experts and civil society organisations. The Bill, which aims to shield land conversions from judicial review, is being denounced as a threat to Goa's ecological balance and democratic processes. At the heart of this controversy is the State Government’s plan to introduce a Bill in the current monsoon session that would effectively bypass court scrutiny of zoning changes and development approvals in key coastal areas. The proposed legislation seeks to invalidate any court rulings that challenge approvals for zoning and conversions in the Calangute-Candolim and Arpora-Nagoa-Parra Planning Areas. Goa Bachao Abhiyan (GBA) has said that the bill is an epitome of bad planning that will lead to disasters like the Wayanad landslide devastation in Kerala.

Meanwhile, the Centre has issued a draft notification to declare over 56,800 square kilometers of the Western Ghats across six States, including 1,461 sq km in Goa, as an Ecologically Sensitive Area (ESA), inviting suggestions and objections within 60 days. The notification was issued on July 31, a day after a series of landslides claimed over 300 lives in Wayanad district.

The draft notification suggests a complete ban on mining, quarrying and sand mining, with existing mines to be phased out within five years “from the date of issue of the final notification or on the expiry of the existing mining lease, whichever is earlier”. Large-scale construction projects and townships are also proposed to be prohibited, with exceptions for the repair and renovation of existing buildings.

Recently, in the aftermath of the landslides across the State and large-scale mishaps in the country, Chief Minister Pramod Sawant stated that he has given instructions to various departments that ecologically sensitive areas, which are prone to such incidents should not be touched and that the stability of such ecologically sensitive places cannot be compromised. 

Given the track record of the present dispensation and the proposed amendments to the TCP Act, the CM and his government have an uphill task in convincing the people of the State that they want to protect Goa from further damage. A complete ban on granting permissions to multi-dwelling mega projects, which are equivalent to a whole village in terms of the number of apartments, will be the first step in reassuring Goans that the government’s heart is in the right place. 

The recent failures of the government only point to the lack of commitment of the State towards its people and a complete disregard to the judiciary for failing to comply with its directions.

Herald Goa
www.heraldgoa.in