JULIO D’SILVA
There are miles to travel before the government’s proposal to establish a kabrastan at Sonsoddo really materialises as there are many legal impediments that will have to be surmounted and that is why some Muslims have approached the National Commission for Minorities.
In 2010 the government initiated the land acquisition process for setting up the kabrastan at Sonsoddo one year after the application was filed before the National Commission for Minorities and on May 23, 2011 the land admeasuring 30,191 sq. mts was handed over to the Margao Municipal Council.
The MMC initially gave the land to the PWD to develop as a burial ground and Gaj Constructions was allotted the contract in December 2011. However, the work could not be undertaken because the contractor could not get the requisite permissions and in fact in August 2013 wrote to the PWD withdrawing from undertaking the work.
Meanwhile on December 9, 2011, MMC signed a Memorandum of Understanding with the Jamaat Masjid wherein it was agreed that the Jamaat would look after the day to day management of the burial ground.
What is significant is that despite the issue being on the forefront and though the government gives the impression that it wants to do the work nothing significant has really been achieved to such an extent that even permission to cut the trees in the land (major part of which is identified as private forest), has not been issued.
The Deputy Conservator of Forest, vide letter dated July 6, 2017 in reply to a Right to Information application, stated that though the MMC had asked permission for felling trees in the said property, it has not been issued till date.
Incidentally of the 30,191 sq mts of land in question only 9,374 sq mts is not included in private forest while the rest of the land is all private forest.
Besides, the deputy collector following an inspection of the land on October 19, 2010 observed that it has a steep gradient of 65 to 75 degrees and as per the rules in force, no cutting permission can be given for any land that has a gradient of more than 25 per cent.
For any land that has a greater gradient special permission has to be sought from the Ministry of Environment and Forests and that is what Chief Minister Manohar Parrikar has promised to undertake.
However, even though land with such high gradient cannot be given the total violation of the rules South Goa Planning and Development Authority Member (SGPDA) Secretary on February 11, 2016 issued a NOC to the PWD to cut the hill.
As per the rules, it is only the Chief Town Planner who is empowered to issue permission or NOC to cut hills and not the member secretary hence the NOC in question is totally illegal.
Incidentally the SGPDA at its meeting in 2015 noted that the land is not suitable for kabrastan but later in the year on December 18, 2015 approves plans for construction of a masjid and caretaker’s house in the same land.
Thus it is evident, said a source, that the government has been misusing various authorities to give the impression that it is preparing the kabrastan but in reality deliberately using devious methods knowing very well that it will be challenged and the work will be stalled.
