Wednesday, 27 April 2016

Objections before the Chief Executive Engineer against retaining wall



Date: 26th April 2016

To,
The Executive Engineer,
Water Resources Department,
Works division I,
Panjim, Goa






Subject: Objections to construction of retaining wall around Vanxim by Ozone Leisure and Resort Pvt Ltd



Sir,



We have come to know that Ozone Leisure and Resort Pvt Ltd through Gajanand Karkare and Mahendra P. Gaunekar have requested your permission/ approval for construction of the retaining wall around Vanxim Island in Tiswadi.

We write to object this retaining wall proposal as the entire involvement of Ozone Leisure and Resort Pvt Ltd in Vanxim is fraud and we urge you not to be part of the same by granting approval. Even though we have filed our objections to the Governor of Goa as well as the Chief Minister of Goa who is the Chairman of the Investment Promotion Board, we wish to repeat the same for your information.

1.    The entire island is CRZ area and No development Zone. Besides island has Khazan land as well as low lying Paddy fields. Section 8 (iv) of the Goa Investment Promotion Act 2014 placed restriction on Board recommending Coastal Regulation Zone Areas for setting up of projects under this Act.

2. Investment Promotion Board has never conducted site inspection to verify the nature of land in Vanxim. Vanxim is an island in Mandovi River and CRZ regulations are applicable on all sides. Besides it is also low lying area with biologically active mud flats, Khazan land, thick mangroves which cannot be touched by law including sluice gates.

3. The transfer of occupancy rights from Santa Monica of Old Goa to Ozone Leisure and Resorts Pvt Ltd are fraud as it is effected with cases against tenants for condonation of delay in Deputy Collectors’ office in Panjim when deputy collector has no powers to entertain such cases. The powers rests with Administrative Tribunal and hence entire occupancy rights in favor of Ozone Leisure and Resorts Pvt Ltd is void. We have called for Central Bureau of Investigation (CBI) probe against the two former deputy collectors involved in this scam namely Shabaji Shetye and Sanjeev Desai. Everybody wants to know why CBI is not investigating after knowing that it is a fraud. Is this what BJP government is meant by zero tolerance to corruption?

4. Investment Promotion Board is outsourcing of cabinet powers to private entities under Goa Investment Promotion Act 2014. This law overrides Panchayati Raj Act, TCP Act as well as Land Revenue Code and Regional Plan besides making mockery of the democratic system. Through this law democracy has been replaced with dictatorship. The elected representatives who supported this law have either not applied their minds or willfully betrayed their voters. The transfer of powers of Cabinet to the private actors spread out all over the country and beyond is unacceptable, as the People living in Vanxim knows what hardships they went through right from their childhood till date and we don’t want anyone to take advantage of our people. We do not support this law and it must be repealed with immediate effect. We urge you to reject the Investment Promotion Board recommendation for land conversions in Vanxim.

5. The decision of the Investment Promotion Board to bully Town Country Planning Department into getting ecologically sensitive areas of Vanxim is motivated by high level of political interference and we have already called for CBI probe into these links involving Indian Defence Minister Manohar Parrikar, His secretary Krishnamurthy and Krishnamurthy’s wife Sejla Chawla Krishnamurthy who is Deputy General Manager at Ozone Leisure and Resorts Pvt Ltd. We have already called for CBI investigations into this nexus reported by Prime TV Channel in Goa.

6. Occupancy rights on tenanted land in Vanxim (Capao) have been transferred to Ozone Leisure and Resorts Pvt Ltd by Archbishop Felipe Neri Ferrao via Mahendra Gaunekar violating Tenancy law and Canon law by selling land without informing tenants. The tenants and the People of Vanxim were not aware and were never informed that the Agreement to Sale signed in 1999 and sale deed was registered in 2006. Only after four years of the registration of the sale deed Vanxim People came to know about the same when some people from Vanxim were taken to Bicholim and made to put their thumb on documents and offered cash. These people who put their thumb did not know to read and write. So total manipulation and fraudulency involved. Few from amongst those who knew to read and write asked for documents and then the entire game plan was revealed followed by which we went in for RTIs and got all details. We have called for CBI investigations into this aspect too.

7. There has been opposition to this project at Malar Panchayat Gram Sabhas as well as Town and Country Planning office. Now Investment Promotion Board decision on Vanxim is a coup-d’état against every democratic institution on ground and complete insult to these institutions. Democracy has been replaced with Dictatorship and Goa has been converted into Colony open for abuse. The political consequences of Goa Investment Promotion Act 2014 is loot and plunder of Goa’s land, and Jurisprudential value of this Act can best be compared to an assembly of thieves gathering in the middle of the city hall and proclaiming their decree. It is unfortunate that Constitutional authority – Governor of Goa – has given assent to this to make it a law.

8. Goa Investment Promotion Act 2014 is direct violation of not only Article 48-A and Article 51 –A (g) but also of Article 21(Right to life) of the Indian Constitution. Supreme Court relying on Article 21 declared in M.C. Mehta V/s Union of India (1987) that life; public health and ecology have priority over unemployment and loss of revenue.

9. In M.C.Mehta V/s Union of India (1997) the Supreme Court of India has enunciated the doctrine of “Public Trust”, based on the legal theory of the Roman Empire. The idea of this theory is that certain common properties such as rivers, sea shores, forests, and the air were held by the Government in trusteeship for the free and unimpeded use of the general public. The resources like air, sea, waters and forests have such a great importance to the people as a whole, that it would be totally unjustified to make them a subject of private ownership. The concept “environment” bears a very close relationship with this doctrine. The doctrine enjoins upon the resources for the enjoyment of the general public, rather to permit their use for private ownership or commercial purposes. Goa Investment Promotion Act 2014 is precise infringement of this Public Trust Doctrine as right to life.

10. Investment Promotion Act 2014 is direct contravention of directive principle of State policy under Article 48-A of the Indian constitution that states as “Protection and improvement of Environment and safeguarding of forests and wild life - The State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country.

11. Further under Article 51-A (g) it is a fundamental duty of every citizen of India “to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.” In exercise of our duty under Article 51-A (g) we call upon you to reject any proposal to of converting land in Vanxim Island as settlement zone for construction of luxury villas, 5 star hotel, resort and Golf course.

12. There are serious civil law and canon law frauds involved in the manner in which Vanxim has been sold. For further details visit the link below:

www.bharatmukti.blogspot.in/2015/12/civil-and-canon-law-fraud-canon-law-fraud-commited-by.html



We call upon you not to grant any approval /permission for construction of retaining wall around Vanxim Island in Mandovi River.



Thanking you,



Yours sincerely,



      Sd/-



Maggie Silveira,

President,

Goa State Unit

Tuesday, 26 April 2016

Objections to construction of retaining wall around Vanxim by Ozone Leisure and Resort Pvt Ltd



Date: 26th April 2016
To,
The Minister of Water Resources,
Secretariat, Porvorim, Goa


To,
The Chief Engineer,
Water Resources Department,
Porvorim, Goa


To,
The Chief Executive Director,
Investment Promotion & Facilitation Board (IPB – Goa),
Cabin no. 20, Ground Floor,
Secretariat,
Porvorim, Goa



Subject: Objections to construction of retaining wall around Vanxim by Ozone Leisure and Resort Pvt Ltd

Sir,

We have come to know that Ozone Leisure and Resort Pvt Ltd through Gajanand Karkare and Mahendra P. Gaunekar have requested your permission/ approval for construction of the retaining wall around Vanxim Island in Tiswadi.
We write to object this retaining wall proposal as the entire involvement of Ozone Leisure and Resort Pvt Ltd in Vanxim is fraud and we urge you not to be part of the same by granting approval. Even though we have filed our objections to the Governor of Goa as well as the Chief Minister of Goa who is the Chairman of the Investment Promotion Board, we wish to repeat the same for your information.
1.    The entire island is CRZ area and No development Zone. Besides island has Khazan land as well as low lying Paddy fields. Section 8 (iv) of the Goa Investment Promotion Act 2014 placed restriction on Board recommending Coastal Regulation Zone Areas for setting up of projects under this Act.

2. Investment Promotion Board has never conducted site inspection to verify the nature of land in Vanxim. Vanxim is an island in Mandovi River and CRZ regulations are applicable on all sides. Besides it is also low lying area with biologically active mud flats, Khazan land, thick mangroves which cannot be touched by law including sluice gates.

3. The transfer of occupancy rights from Santa Monica of Old Goa to Ozone Leisure and Resorts Pvt Ltd are fraud as it is effected with cases against tenants for condonation of delay in Deputy Collectors’ office in Panjim when deputy collector has no powers to entertain such cases. The powers rests with Administrative Tribunal and hence entire occupancy rights in favor of Ozone Leisure and Resorts Pvt Ltd is void. We have called for Central Bureau of Investigation (CBI) probe against the two former deputy collectors involved in this scam namely Shabaji Shetye and Sanjeev Desai. Everybody wants to know why CBI is not investigating after knowing that it is a fraud. Is this what BJP government is meant by zero tolerance to corruption?

4. Investment Promotion Board is outsourcing of cabinet powers to private entities under Goa Investment Promotion Act 2014. This law overrides Panchayati Raj Act, TCP Act as well as Land Revenue Code and Regional Plan besides making mockery of the democratic system. Through this law democracy has been replaced with dictatorship. The elected representatives who supported this law have either not applied their minds or willfully betrayed their voters. The transfer of powers of Cabinet to the private actors spread out all over the country and beyond is unacceptable, as the People living in Vanxim knows what hardships they went through right from their childhood till date and we don’t want anyone to take advantage of our people. We do not support this law and it must be repealed with immediate effect. We urge you to reject the Investment Promotion Board recommendation for land conversions in Vanxim.

5. The decision of the Investment Promotion Board to bully Town Country Planning Department into getting ecologically sensitive areas of Vanxim is motivated by high level of political interference and we have already called for CBI probe into these links involving Indian Defence Minister Manohar Parrikar, His secretary Krishnamurthy and Krishnamurthy’s wife Sejla Chawla Krishnamurthy who is Deputy General Manager at Ozone Leisure and Resorts Pvt Ltd. We have already called for CBI investigations into this nexus reported by Prime TV Channel in Goa.

6. Occupancy rights on tenanted land in Vanxim (Capao) have been transferred to Ozone Leisure and Resorts Pvt Ltd by Archbishop Felipe Neri Ferrao via Mahendra Gaunekar violating Tenancy law and Canon law by selling land without informing tenants. The tenants and the People of Vanxim were not aware and were never informed that the Agreement to Sale signed in 1999 and sale deed was registered in 2006. Only after four years of the registration of the sale deed Vanxim People came to know about the same when some people from Vanxim were taken to Bicholim and made to put their thumb on documents and offered cash. These people who put their thumb did not know to read and write. So total manipulation and fraudulency involved. Few from amongst those who knew to read and write asked for documents and then the entire game plan was revealed followed by which we went in for RTIs and got all details. We have called for CBI investigations into this aspect too.

7. There has been opposition to this project at Malar Panchayat Gram Sabhas as well as Town and Country Planning office. Now Investment Promotion Board decision on Vanxim is a coup-d’état against every democratic institution on ground and complete insult to these institutions. Democracy has been replaced with Dictatorship and Goa has been converted into Colony open for abuse. The political consequences of Goa Investment Promotion Act 2014 is loot and plunder of Goa’s land, and Jurisprudential value of this Act can best be compared to an assembly of thieves gathering in the middle of the city hall and proclaiming their decree. It is unfortunate that Constitutional authority – Governor of Goa – has given assent to this to make it a law.

8. Goa Investment Promotion Act 2014 is direct violation of not only Article 48-A and Article 51 –A (g) but also of Article 21(Right to life) of the Indian Constitution. Supreme Court relying on Article 21 declared in M.C. Mehta V/s Union of India (1987) that life; public health and ecology have priority over unemployment and loss of revenue.

9. In M.C.Mehta V/s Union of India (1997) the Supreme Court of India has enunciated the doctrine of “Public Trust”, based on the legal theory of the Roman Empire. The idea of this theory is that certain common properties such as rivers, sea shores, forests, and the air were held by the Government in trusteeship for the free and unimpeded use of the general public. The resources like air, sea, waters and forests have such a great importance to the people as a whole, that it would be totally unjustified to make them a subject of private ownership. The concept “environment” bears a very close relationship with this doctrine. The doctrine enjoins upon the resources for the enjoyment of the general public, rather to permit their use for private ownership or commercial purposes. Goa Investment Promotion Act 2014 is precise infringement of this Public Trust Doctrine as right to life.

10. Investment Promotion Act 2014 is direct contravention of directive principle of State policy under Article 48-A of the Indian constitution that states as “Protection and improvement of Environment and safeguarding of forests and wild life - The State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country.

11. Further under Article 51-A (g) it is a fundamental duty of every citizen of India “to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.” In exercise of our duty under Article 51-A (g) we call upon you to reject any proposal to of converting land in Vanxim Island as settlement zone for construction of luxury villas, 5 star hotel, resort and Golf course.

12. There are serious civil law and canon law frauds involved in the manner in which Vanxim has been sold. For further details visit the link below:

www.bharatmukti.blogspot.in/2015/12/civil-and-canon-law-fraud-canon-law-fraud-commited-by.html

We call upon you not to grant any approval /permission for construction of retaining wall around Vanxim Island in Mandovi River.

Thanking you,

Yours sincerely,

 Sd/-

Maggie Silveira,
President,
Goa State Unit

Saturday, 23 April 2016

Pope Francis petitioned on Vanxim Scandal: 'Injustice is not invincible', Laudato Sí

22nd April 2016
To,
His Holiness Pope Francis
Apostolic Palace,
VATICAN CITY,  EUROPE.    Fax: +00390669882417

Injustice is not invincible, Laudato Sí, Para 74

Dear Holy Father Pope Francis,

Warm Greetings of Peace and Solidarity from Goa, India!
Inspired by your encyclical Laudato Sí we seek your attention to few points in your capacity as Supreme Pontiff of the Universal Church.

1.      Our Island in Mandovi river is sold by Goa Archbishop Felipe Neri Ferrao without informing us in most cunning manner.  We islanders for many centuries lived in harmony by tilling the land. Tilling as you have explored in Laudato Sí in Para 66.

2.      Our Island has an area of 7,24,850 square meters of land. We have Santus Cristus Church listed on page 795 of the Catholic Directory  of India 2013 prepared by Catholic Bishop’s Conference of India (CBCI) with stated catholic population as 92. The remaining people of island share other faiths.

3.      Press Statement of the Archbishop’s House, Panjim dated January 02, 2016 states that Holy See has granted permission to sell our island in 1997 (vide letter Prot.  No. 1466/97 dated  08/04/1997). This is in response to Application made by the Archdiocesan authorities. Till date even though 19 years has passed by Goa Archdiocesan Authorities has never shared the letters from Holy See with the People of Vanxim island. Did Holy See approve selling of Vanxim for converting it into luxury hotel, luxury villas, Golf Course and Golf Club, Private Marinas, and Casinos ? Did then Goa Archbishop Gonsalves, presented this reality of proposal to Holy See in their application? People living here in Vanxim are afraid of loosing our ancestral  land only because Archbishop has committed this blunder willfully on record (Documents solicited under Right to Information Act 2005 proves all this)

4.      Archbishop of Goa Felipe Neri Ferrao sold paddy fields and horticultural lands to broker Mahendra Gaunekar on February 11, 2006 through the then diocesan procurator Fr.Arlino De Mello. The land was sold very cheaply at the rate of Rs.06/- per square meters for paddy fields admeasuring 3,00,275 square meters and Rs.20/- per square meters for horticultural lands close to water bodies admeasuring 1,85,275 square meters without informing the island dwellers and tenants. My family is one of them.

5.      Then through the deed of transfer and assignment of rights dated February 16, 2006 Archbishop Ferrao not only transferred Church rights over paddy fields, water bodies and horticulture land illegally sold, but also sold survey no. 1/1 that has land admeasuring 98,200 square meters of area with dwelling houses and Santus Cristus Church to Mahendra Gaunekar. Vanxim residents were never consulted before taking this step by the Archbishop.

6.       Press release dated January 02, 2016 from the Archbishop’s house also reveals that from 1992 onwards various companies and individuals were approaching Archdiocesan authorities to buy Vanxim. Archbishop Gonsalves never made this known to the islanders. Instead he signed Agreement to Sale of Vanxim with Mahendra Gaunekar on April 09, 1999.

7.      1992 is the year when Goa Diocese sold Souto Maior land in Caranzalem near Panjim unethically and illegally to real estate agents. Litigations are still on in civil courts.

8.      Mahendra Gaunekar then signed Joint Development Agreement on August 11, 2009 with corporate bodies - Ozone Leisure and Resorts Private limited, Tuscan Consultant and Developers and Ozone Propex Private Limited. This agreement has plans laid out to use Vanxim island for Golf Course with Golf Club,  5 star hotel of minimum 200 rooms and cottages, Luxury villas, Resorts, Spa, private marinas etc. Mahendra Gaunekar was paid Rs.30,00,00,000/- (Rupees Thirty Crores only) as security deposit. Islanders kept in dark.

9.      The above entire exercise was carried on without informing People of Vanxim island. Then in 2010 began the times of bullying and pressurizing, bribing and co-opting of the Vanxim islanders to surrender our land rights to cultivate paddy. Mahendra Gaunekar and the Goa Archdiocese dragged tenants to the civil court seeking to surrender their rights over land. Protective walls protecting paddy field were breached and paddy fields were flooded rendering cultivation impossible. This is also the time resistance began and still continues to do so with more people joining in. There is also huge coverage time and again in digital and print media.

10.  On March 04, 2016 we had faxed to Apostolic Nuncio in India Archbishop Salvatore Pennacchio  in New Delhi with a request to intimate you in detail the following. Archbishop Pennacchio was in Goa subsequent to our letter for National Conference of Diocesan Priests in India. He didn’t summon us nor sent written reply to us. Since the situation on ground is deteriorating we decided to write to you directly.

11.  Several issues has remained unanswered and they cry for attention:

1.      All the letters from Tenants Association of Vanxim written in the decade of 1990s that Archbishop and his team claims to have a hand in sale of Vanxim by granting NOC to sell Vanxim. Who are the signatories of these letters?
2.      All the letters sent to Vatican from the Goa Archbishop and his team seeking permissions to sell Vanxim as per requirements of Canon 1291. And all the letters granting permissions to sell Vanxim received from Vatican. All must be made public.
3.      All the reports as per Canon 1292 must be made public. They are the consent reports and minutes from the financial council of the Goa Diocese and the College of Consultors and the experts that gave their advice to sell Vanxim.
4.      Names of those constituted financial council of the Goa Diocese that took decision on Vanxim, Names of those constituted College of Consultors and the names of Experts who recommended sale of Vanxim in entirety. All this needed as per Canon 1292.
5.      What is the actual total amount and where the money has gone from Vanxim sale? It is obvious that black money is involved in huge sums.
Documents of gift of Vanxim to Santa Monica and the obligations attached to be fulfilled must be made public. Which year Vanxim was handed over to Santa Monica Convent? Who did this? For what reason? What are the details of weight or Pessâo involved?

We are confident that in this case too you will intervene like the cases of Child Abuse and corruption by clergy in different parts of the world and once again it will be proved that injustice is not invincible.  People are concerned and worried.

Awaiting for your kind response.  Thanking Your Holiness in anticipation,

Yours sincerely,

         Sd/-

Maggie Silveira,

President, Goa State Unit

Thursday, 21 April 2016

Complaint against Construction inside river Zuari adjacent to survey number 12/1 of Bambolim

Date: 21st April 2016


To,
The Chief Minister of Goa,
Secretariat, Porvorim, Goa

To,
Vishnu Wagh,
Deputy Speaker and MLA,
San Andre Constituency,
Tiswadi, Goa

To,
The Member-Secretary,
Goa Coastal Zone Management Authority,
Panjim, Goa

To,
The Sarpanch,
Curca-Bambolim-Telaulim Panchayat,
Tiswadi, Goa


Subject: Complaint against Construction inside river Zuari adjacent to survey number 12/1 of Bambolim

Sir/Madam,
We have noticed construction inside the river Zuari adjacent to survey number 12/1 of Bambolim village. This is complete violation of Coastal Regulation Zone (CRZ) laws in force. We understand that this construction is being carried on by Goan Hotels and Clubs Pvt. Ltd.
The Hotel Grand Hyatt that has been operating at the behest of Goan Hotels and Clubs Pvt. Ltd in survey no. 12/1 of Bambolim is already ruled illegal. We call upon you to immediately take note of the fresh violations at initiate action and keep us informed.

Thanking you,
Yours sincerely,




Maggie Silveira
President,
Goa State Unit

Sanjay Pereira
Convener,
Cacra unit 

Rohidas Andrade
Convener,
Bambolim unit

Soccoro Braganza
Convener, Siridao Unit

Anthony Cardozo
Convener,
Curca Unit

Sitaram Pereira
Convener,
Odxel Unit



Milind Palkar
Convener,
Nauxi unit

Chandrakant Lotlikar
Secretary,
Siridao Unit

Hanuman Dias
Co-convenor
Odxel Unit

Honu Dinkar,
Co-convener,
Odxel Unit

Deu Kankonkar
Secretary,
Nauxi Unit

Bikaro Dias
Co-convener,
Odxel Unit


Yeshwant Shirodkar,
Co-convener,
Odxel Unit


Manguesh Sawant,
Co-convener,
Odxel unit


Amir Mardolkar,
Co-convener,
Nauxim Unit


Francis Coelho,
Co-convener,
Nauxim Unit
Dulba Pereira,
Co-convener,
Cacra Unit


Santosh Gauns,
Co-convener,
Cacra Unit


Sheila D’mello,
Co-convener
Cacra Unit

Santosh Kukalkar,
Co-convener, Cacra unit