l The Waters Beach Lounge and Grill in Anjuna should have been demolished today; Now Goans wait till September 13, the extended date given by HC
l But a bigger demolition is needed; of the belief by powerful people in the system that they can allow illegal constructions of wealthy nightclub owners
l High Court has said environment, excise, tourism and panchayats are facilitating illegalities
This is not a one-off incident of a Beach club owned by a wealthy party from outside Goa finally being ordered to demolish their illegal structures. The demolition case of ‘The Waters Beach Lounge and Grill’ in Anjuna is a very big example of how powerful businessmen from outside Goa can manipulate the government system to not just commit illegalities, but delay action against them so that they can continue their businesses as long as they can.
Who are laws for? Only the poor?
Let us begin this with a line from a Supreme Court order
The failure of the State apparatus to take prompt action to demolish such illegal constructions have convinced the citizens that planning laws are enforced only against the poor and all compromises are made by the State machinery when it is required to deal with those who have money power or unholy nexus with the power corridors. – Supreme Court order on Dipak Kumar Mukherjee vs. Kolkata Municipal Corporation
Now read what the High Court said with regard to the Beach Club in Anjuna: “This is not some case of constructions being put up by poor people to provide themselves with some shelter or some fisherfolk repairing their small huts in fishing hamlets. This is a massive structure put up by the petitioners for their commercial activities of a bar, restaurant, and nightclub. Such serial and deliberate violators of environmental laws cannot claim the indulgence of regularization or for that matter.”
Let us ask: Can a small honest Goan business even try to get away with what the Waters Beach Lounge and Grill operating the Sunburn Beach Club has done? And does our governance system help the powerful more than common Goans who want to set up a business?
When it comes to the Sunburn Beach club, this is clearly the case. Herald Insight has independent information on how the topmost levels of government were being moved and the system was being bent to allow this Beach Club in Anjuna to do their Christmas and New Year functions in a club illegally built in a No Development Zone.
The High Court order of July 31, ordering the demolition of the club has highlighted a very sad trend in the Goan system, on how government departments are crawling to help wealthy parties, who are here to do rake in huge amounts of money without necessarily helping the state or its people and it is the people we elect who are doing this.
– This beach club, as per the High Court order out up “patently illegal and unauthorized structures put up with impunity, in a No Development Zone (NDZ), in a highly Eco[1]sensitive area, within 200 metres from the High Tide Line (HTL) at Anjuna, Bardez, Goa”.
– They were operating a bar, restaurant, and nightclub under the name and style of “Sunburn Beach Club” in the illegal structures put up by them in the NDZ.
All Goans must read this line of the HC order which meant that big parties are ‘accustomed’ to putting up illegal structures.
Do we want a Goa where the powerful are accustomed to committing illegalities? Do Goans want to be a part of a system where they are powerless and the moneyed people are accustomed to committing illegalities? Is this a Goa you would want for your children?
Read what the High Court said: “For over a year different government departments and agencies have been actually backing those who have committed illegalities.’ This is what the Goa bench of the Bombay High Courts said its order of July 31 ordering the demolition of the Sunburn Beach Club, expressing surprise that “authorities like Panchayat, Tourism Department, FDA, Excise Department, also supported the commercial activities are undertaken through these massive illegal constructions put up by the petitioners (the Club owners) in a highly eco-sensitive NDZ. All this creates an impression that the petitioners are now accustomed to putting up such massive illegal and unauthorised structures in the said property during the tourist season and thereafter delay the proceedings before few authorities which dare to take action or, are forced to take action under public pressure,” the order states.
The action plan is simple. Commit the illegality. Use the system to delay action till night club business can be carried out, on no development land during peak season.
How do we repair the system? If people are strong, no government department can commit any illegality
a) Protection of village land must be the first priority of village committees and decisions on allowing any activity must rest with them.
b) A village system of governance with powerful citizens committees should decide on permissions based on expert opinion. Government agencies like GCZMA can also have representees locally, so that such decisions cannot be manipulated by ministers of the government.
c) Importantly, when shortlisting good candidates in each constituency, let people put their faith in only those who will support decisions of village committees to prevent illegal constructions and fight with the people.
For Goans, our land is a part of our soul and the reason for our existence. Tampering with our land is like entering one’s home and disturbing one’s family. The battle for our land is going to be the most important one in our fight for a better Goa.
