SEC 39A PUZZLE: OK IN SOME AREAS, NOT IN OTHERS

Activists and lo cals have labelled the State government’s functioning as ‘arbitrary’ following the revocation of 80,926 square metres of land at Maulinguem (South). Rath er than welcoming the Chief Minister’s decision, they allege a lack of transparen cy and ‘selective’ process in zoning changes, accusing the TCP Department of sys tematically ignoring public dissent under Section 39A with “cut, copy, and paste” replies. Activists have also de manded that the State gov ernment reissue the August 2012 circular by the TCP Department to ensure that settlement zones are clearly marked in both the Regional Plans of 2001 and 2021. The issue has gained momentum with activists seeking clarity and urging other MLAs to demand revocation of simi lar zone changes in their re spective constituencies.

OK IN SOME AREAS, NOT IN OTHERS Director of Goa Foundation Dr Claude Alvares said, “They are showing that it has now become a matter of politics. When the Sant Andre MLA demanded the government suspend land conversions in his constituency, now the Chief Minister is revoking land conversion in Maunliguem, Bicholim. Why are all other MLAs not doing the same thing? Why are they not demanding withdrawal of zone changes in their constituencies? If MLAs are not making a demand, it means they are benefitting from Section 39 A of the TCP Act. That can be the only conclusion.” “The Santa Andre MLA and the Chief Minister achieved it, so why are other MLAs not demanding to revoke zone changes in their respective constituencies? The Rane cou ple can do what they want in their constituencies. Out of 40 MLAs, now only 36 are left and it is in their hands. Why are they not objecting when most of them had come for meetings? We will expose all these MLAs in the near future. We are tabulating the data to find out which villages are affected. The TCP Board has become subservient to the TCP Minister,” Dr Alvares added. Prof Solano D’Silva said, “The government can withdraw provisional approvals for zone changes. However, the irony is that under Section 39 of the TCP Act, the public was given 30 days to file objections and suggestions. The TCP Depart ment received a massive number of detailed submissions, which clearly showed that people are aware of what is hap pening in the State.” “The department is giving ‘cut, copy and paste’ replies nullifying these objections. The Chief Minister should ensure that due process of law is properly followed. It is shocking that the Chief Minister appears to have no faith in the TCP Department. What about the rest of the villages? It seems that MLAs themselves must become Chief Ministers to stop this nonsensical process, which shows no sign of ending. Every Thursday, the government is issuing notifi cations on zone changes. This is complete ‘Delhi Raj’,” Prof D’Silva added. Abhijit Prabhudesai of the Federation of Rainbow War riors said, “The government can withdraw the provisional approval granted for land conversion. But the point is that the entire Section 39 A of the TCP Act has to be scrapped. The moment an approval is given to an individual for zone change it becomes an unplanned development. The pow ers of the TCP Department are only broad demarcation and it cannot approve individual applications for zone changes.” “Nearly 19 crore square metres of land has been changed in the State after Regional Plan 2021 was opened in March 2018. We have challenged the opening of Regional Plan 2021 before the High Court of Bombay at Goa and are seek ing directions to the government to commence the process of preparing a new Regional Plan,” he said. Prabhudesai demanded that the TCP Department reis sue the circular dated August 8, 2012 which had clearly stated that settlement must be indicated or marked in both Regional Plans of 2001 and 2021. He said, “With the Regional Plan 2021 coming into force on March 28, 2018, the actual commencement of land de struction started in the State.” Activist Swapnesh Sherlekar said, “The TCP Depart ment can grant provisional approvals for zone changes and then withdraw them selectively. It entirely depends on the TCP Department whether to grant approvals or not. But by doing this the government has legalised cor ruption. The fate of 39 A of the TCP Act is subject to the High Court order.” Former Chief Justice of Allahabad High Court Justice Fer dino Rebello said, “I will study the issue in detail and speak on it at our ‘Enough is Enough’ meeting scheduled in Per nem next week.”

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