It is only in Goa that such a draconian, anti-democratic and anti- people legislation can pass muster without any challenge. The Investment Promotion Board has been armed with such sweeping powers that some of the most fundamental pieces of legislation in force, to protect Goa’s land and eco systems, have been surrendered at its altar. These are all sensitive areas, which have no protection, once the IPB decides to declare them as areas for ‘investment promotion’.
As this year draws to a close, most in Goa have not yet woken up to how one body can pretty much decide to earmark an era for investment (read virtually any kind of construction based development) irrespective of the present status of that land. The Goa Investment Promotion Act, has sweeping powers whereby it can recommend to the government any area as an ‘Investment Promotion’ area. This ‘recommendation’ is in real terms a ‘decision’, as the creation of the Board and the formulation of this act was to pass projects hitherto subject to checks and balances of established laws of the land to prevent Goa’s land being usurped or misused.
The latest example of this misuse is the notification of over three lakh square meters of land, in an idyllic village of Amdai Uguem, Sanguem as an investment promotion area, when there is a industrial estate in the same taluka. Over three lakh square metres of land was “notified” as an investment promotion area, solely to allow a green field alcohol and brewery plant of Vani Agro Farms Ltd, who had already bought over 120,00 square metres of land there.
This has become the new template of anti-people ‘development’. First an industry with help from the local politician, eyes an area. Then land is quietly bought without much fuss and with locals having no inkling of the actual designs of the investor. The last step is to seal the deal with the Investment Promotion Board which identifies the very area which the investor is eyeing for his individual project, for investment promotion. The same has happened in the case of Vani Agro Farms Ltd in Sanguem. In order to clear this alcohol and brewery project, on a land area of about 1,20,00 square metres, over 3 lakh square meters have been identified for “investment promotion”.
The Investment Promotion Act, has completely obliterated people’s participation or consultation, which is always bothersome and is a perennial stumbling block for business. No villager from Sanguem was asked by IPB whether the land ought to be notified was suitable for investment. The land area is under orchard land in a settlement area and not marked as industry, in any plan.
But that doesn’t bother the IPB since its diktat undermines the following acts and rules. The Municipalities Act, CCP Act, The Panchayat Raj Act, the Land Revenue Code, The TCP Act, the Regional Plan, the Outline Development Plan, the Land Use Map and the provisions of other local Acts.It gives dictatorial powers to the IPB.
Has any legislation, even in this entire country, given one supposedly semi autonomous government board, the power to bypass every single legislation ever made to ensure equitable distribution of land, prevent land misuse and ensure that land use falls under the ambit of larger notified land use plans?
It is this power, which is allowing politicians who are partnering business interests, to take over private land, without the need to follow land acts. It is clear that the government of the day blesses this anti people, pro business legislation since the IPB has the Chief Minister of Goa as its Chairperson. Businessmen will obviously welcome it because it allows them to legally bypass established laws of the land. But the state cannot back business interests over people’s interests in a manner so brazen. As more projects like the one cleared for Vani Agro Farms are given a go ahead, people will very quickly realise how the Investment Promotion Act is actually working like the land take over and change of use act, to benefit private interests and those in government who are stakeholders in these private deals.
