Team Herald
PANJIM: Congress has urged the Goa Governor Dr Mridula Sinha to not grant her assent to the Goa Town and Country Planning (Amendment) Bill 2018 and the Mopa Airport Development Authority Bill, 2018, which were passed during the recently held monsoon session of the State Legislative Assembly.
Goa Pradesh Congress Committee (GPCC) President Girish Chodankar in a memorandum to Governor has raised objection to both bills on legal grounds.
With the TCP (amendment) Bill, the government has introduced three major planning tools – Accommodation Reservation, TDR and TDR for posterity – mainly focused towards promoting government projects of public interest. The Mopa bill is regarding the constitution of the Mopa Planning and Development Authority (PDA).
“We are constrained to make this humble and fervent appeal to your Excellency in view of the obdurate attitude of the Goa government, even to the extent of not having any regard to the Constitution of India and besides, completely ignoring public interest while passing the Goa Town and Country Planning (Amendment) Bill 2018, and Mopa Airport Development Authority Bill, in the Legislative Assembly,” he said.
Referring to the TCP Bill, he said that despite strong opposition raised by the people and the Congress and a suggestion made to refer the Bill to the Select Committee it was pass and will have wide reaching adverse effects on the State and its ecology.
Chodankar pointed out that subject of land acquisition is under Entry no. 42 of Schedule VII (List III Concurrent List). Hence the State has legislative power to enact a law dealing with land acquisition. However, under Article 254 of Constitution of India, if Parliament has already enacted a law in respect of a matter in the concurrent list, then any law made by the State which is repugnant to such law made by Parliament shall be void. Such law if made by the State, would then require assent of the President of India in terms of Article 254 (2) of Constitution of India. “He said that the proposed Bill is violating the Constitution of India,” he said.
The Congress leader further said that the Bill 2018, which provides for acquisition of land under Sections 41 A to 41 B, bypassing the procedure as prescribed under the Central Act, is clearly repugnant to Sections 4 to 10 of the Central Act. “Section 41 A and 41 B cannot also be permitted to be brought on the statute book as they are constitutionally impermissible and in fact show total non application of mind. Both these provisions provide for acquisition by Planning and Development Authority (PDA), Municipal Corporations, Municipal Councils or Village Panchayat for public purpose,” he added.
As regards Section 16 (d) of the Bill 2018, Chodankar said that same permits change of zoning on case to case basis, which is in direct conflict with Section 17 of TCP Act as regards provision of Regional Plan. “This also will have a very adverse effect on the ecology,” he said.
Furthermore the TDR concept as sought to be introduced in the TCP Act seeks to confer FAR upon water bodies, farm lands, khazan lands etc which are otherwise ineligible for any such settlement use. The TDR concept will also put huge pressure on the demands of water and electricity and will jeopardize the interest of the locals by huge influx of the foreign players and land sharks, he alleged.
“The basic intent seems to be that land of certain individuals will be acquired for TDR ‘Transferable Development Right’ exchange and land which is already in the process of Acquisition of certain individuals will be benefited,” Chodankar said.
As far as the Mopa PDA is concerned, Chodankar said that by concentrating power in one authority, the same will give rise to blatant and irregular development.
