Team Herald
PANJIM: The tribal organisation, GAKUVED Federation that represents Gawada Kunbi Velip and Dhangar community has filed a Public Interest Litigation (PIL) in the High Court seeking for the quashing of the recent amendments to the Goa Town and Country Planning Act 1974, made vide the Town and Country Planning Amendment Act (2020).
GAKUVED General Secretary Rupesh Velip said that as per the new amendment, the provisions of the Regional Plan under Section 16 of Act will not apply to activities undertaken in pursuance of the permission/licence granted under Central Mines and Mineral (Development and Regulations) Act 1957 and Rules made under.
“This implies that permission of mining or quarrying can be granted in any area irrespective of their zoning in the Regional Plan. By this amendment mining and quarrying can be permitted in green areas or even forest areas in an arbitrary and haphazard manner,” Velip said.
“Further by amendment to Section 16(A), mining and quarrying related activities will not be subject to the Regional Plan and the areas in which such activities can be carried out need not be in conformation with the Regional Plan,” he added.
The GAKUVED also stated that as per the amendment to Section 17A, the prohibition of hill cutting, low lying areas will not apply to mining and quarrying activities if they have permission to do so under the Mines and Mineral Act 1957.
Similarly, Section 44 of TCP Act 1974 has also been amended. “Hence, we apprehend that the government will issue permission for quarrying, mining in eco-sensitive areas, areas with steep slopes and under green cover since the restriction/regulations contained in Section 16, 16A, 17A of TCP Act 1974 will not apply to such activities as per the new 2020 TCP amendment.
Further, the Federation highlighted that the provision of Mines and Minerals Act 1957 and Rules framed there under have no safeguards and checks which could serve to protect the hills, hilly areas, areas which are rich in biodiversity and eco-sensitive zones which are protected by old TCP Act 1974.
The Federation warned that the impugned amendment will have destructive consequences on natural resources of the State, the hills, water bodies, forest areas under green cover and khazan lands.
“Operations and activities such as mining and quarrying and allied activities has potential to adversely impact the environment as they are no longer covered under Section 2(1O), 16, 16A, 17A, 44 of TCP Act 1974 and will have grave threat to ecology and environment,” Velip said.
Hence, the Federation has prayed before the court for interim order or direction thereby staying the operation of the TCP Amendment 2020. They have also demanded that there be no approval granted for any proposal for mining, quarrying of prospective mineral, in any areas contrary to the provision of the Regional Plan for the State of Goa or in any hilly or sloppy land or low lying land as prohibited under Section 17A of TCP Act 1974 and that no permission shall be granted in contrary of the provision of Section 16A, and 17A of Goa TCP Act 1974.
