Kindly refer to the earlier important note in this regard at the links:
Further shocking details as contained in draft Goa Land Development and Building Construction (Ammendment) Regulation, 2022 as published in Official Gazette dated August 29, 2022 Series I, No. 21, Government of Goa as under:
1. The above draft is notorious handiwork of Steering Committee set up under Section 6 of the Goa (Regulation of Land Development and Building Construction) Act, 2008.
2. The members of the Steering Committee includes the following: (a) Chief Minister (Dr. Pramod Sawant) as Chairman (b) Urban Development (Vishwajit Rane) Minister as Member (c) Panchayat Minister (Mauvin Godinho) as Member (d) Town and Country Planning Minister (Vishwajit Rane) as member (e) Chief Secretary (IAS Officer) as member (f) Secretary to Urban Development Ministry (IAS officer) as member (g) Secretary to Panchayat Ministry (IAS Officer) as member (h) Secretary to Town & Country Ministry (IAS Officer) as member (i) Chief Town Planner as Member-Secretary and (j) One Co-opted Expert member.
Agriculture Minister is not on Steering Committee even though projects are pushed in A-1 and A-2 Agriculrural zones.
3. The above Steering Committee then appoints Sub-Committee consisting of (a) Director of Municipal Administration (b) Director of Panchayats (c) Chairman/member of Goa Chamber of Commerce and Industry (GCCI) (d) Goa Chamber of Housing Industry (GCHI) (e) Local Chapter Representatives of Associations of Town Planners, Engineers and Architects (f) Senior Town Planner as Member-Secretary.
Representative of Khazan Management Committee is neither on Steering Committee nor on Sub-Committee even though projects are pushed in Khazan land.
4. Timeline as evident after decidings:
(A) Notification on August 29, 2022
(B) Public can comment for 30 days upto September 27, 2022
(C) Sub-Committee to report to Steering Committee within two months: November 27 2022
(D) Steering Committee to sent recommendations to the Government within 30 days: December 26, 2022.
5. Formerly process started just a day before Ganesh Chaturthi 2022 and is likely to end a day after Christmas 2022.
6. Goa Government has appointed few people as Notary-Architects and Notary-Engineers as section 2 (90). List of them needs to be compiled based in Gazette notification of their appointment.
7. In Ammendment to Regulation 3.11, in clause (c) requirements of post occupancy within 5 years is dropped. Now it will take place from time to time on random basis.
There is no time limit within which post occupancy audit needs to be carried on. Even if it is not carried on it is perfectly alright. So the scope for illegalities further increases. Audit can be used as threat to extort and blackmail in the absence of any legally binding timeframe to carry out mandatory. The is a major blow for Goa and boon for real estate lobby for can turn intensely reckless in their endeavors.
Audit is required for Economic, Ecological, Social, Environmental reasons. Carrying capacity of Goa to accommodate buildings with respect to water and electricity consumption needs to be identified. And so Goa's capacity to handle Garbage generated by increasing housing projects. Ecological auditing needs to be carried on.
Track record of the past audits for group housing, multi-dwelling building s and multi storied buildings needs to be checked from the office of Town and Country Planning Department.
8. In an Ammendment suggested in clause (d) in Regulation 4.11 choices of Authorities are added. While existing three choices are "Authority/Council/Panchayat". Choice expansion suggested now is "Authority/Council/Panchayat/Town and Country Planning Department/Planning and Development Authority/ Public Works Department".
So TCP, PDA and PWD are included as additional choices. This amounts to violations 73rd and 74th Ammendment. Further it creates centralization of power relations and new horizons of corruption special regarding 40% coverage and 3 meters setback.
9. In a commercial zone Ammendment is suggested to Regulation 6A.1 in Table - VII against serial no.II to include a new category of building clusters known as SPC-CBD designating it as Special Commercial-CBD. CBD stands for Central Business District.
What is Special about this commercial zone is not explained.
Use the word District denotes that's its administration will be headed by a Magistrate.
It seems to be Special Economic Zone in camouflaged manner.
If that commercial zone is central then it means all other zones are to the periphery.
This seems to be at the heart of economic inequality fostering strategy.
10. Infrastructure for SPC-CBD (Special Commercial -CBD) as suggested through draft Ammendment to Regulation 6.A.4 in Table - VIII indicate permissions for 12 floor buildings that will need 15 meters wide roads, 40% coverage, 400 FAR, 10.00 meters front setback and 40 meters height.
Where will this Central Business District located?
Get information on Modi ground.
Get information on Patto II Project.
11. In draft Ammendment Farm houses are permitted in Agricultural zones A1 and A2 even if land is classified as "Rice" (Paddy field) in survey records. All that is required elevation to the land and minimum Land area must be 10,000 m². Ground coverage sort to be given in these cases stands at maximum 2.5% and maximum built up area can go upto 500m² with maximum height of 7.60m from the ground level to the eaves of the roof."
This means building as big as two floors covering 500 m² can stand in rice field as a farm house. It's this a outright mockery? Since there is no Auditing involved any deviations can take place and government is not duty bound to act.
One more lethal attack on Agriculture. From no construction status inroads for construction in paddy fields are proposed to be opened up. Day may not be too far when Agriculture in Goa may stop and Agriculture Ministry may be shut fowm. Ravi Naik may be the last Agriculture Minister in Goa for there are several more lethal attacks on Agriculture in Ammendment elsewhere too as below.
12. The very meaning of Agriculture itself is sought to be distorted with draft Ammendment to Regulation 6.A.3.1 inserts provisions in A1 and A2 zones that are outrightly objectionable. New additions proposed as agricultural activity:
(I) Agricultural Research Centre
(II) Development Centre
(III) Agricultural Educational Institute
(IV) Bio-Technology Unit
(V) Open Air Sports Structure
(VI) Open Air Religious Structure
(VII) Golf Course
(VIII) Film City
(IX) Film studio
(X) Residential school
(XI) Yoga or mediation Centre
No dictionary every equals above 11 items as Agricultural practice of any society ever. They are given various minimum Land holding limits. And varying coverage and FAR for construction purpose. This draft Ammendment is a conduit to concretize remaining paddy fields of Goa. Only the greedy perverts can think of such a cruel abominations.
13. Suggested Ammendment to 6A.4 (iii) in Note (12) proposes to give two stilt floors free for measurement of height in any zone for a building with permissible 150 FAR.
Stilt floors are the floors for parking of cars of the building residents. However in scenario of absence of audit it is totally possible that greedy mafia real estate agents will construct flats on stilts and sell them off, of course, with palm greasing of all concerned. The fall out is parking of cars will be on public roads. This allowance like to be misused as it is non-transparent and arbitrary together with proposed absence of mandatory auditing of the building.
14. Existing provision at Regulation 6.A.4 (iv) Note (16) is replaced with a new one. It was required that at the time of approval of development plans minimum 6 meters wide right of way should be available on site. This has been done away with. For right of way to be 6 meters width of the road is legally required to be 8 meters as definition of road includes shoulders and gutters adjacent to the right of way.
ANNEXURE-XII is introduced as a minimum width of road requirements for the buildings. Let's examine this annexure further.
15. For a single dwelling with 200 m² minimum width of road needed is 3 mts or less if passing through other/ traditional access. Less mean it could be 2 mts or even 1 mt. Sounds ridiculous? Not at all. There are provisions in place that builder will pay Government to aquire land for roads in these type of land locked construction projects. Then road will be widened. Private lands are not safe at from real estate predators.
For a floor area of 500 m² of single dwelling unit 3 mts or more but public road is required.
For double units of 400 m² floor area width of the roads required is greater than 3 upto 4 mts.
For 4 units of 600 m² floor are public roads with width greater than 4 upto 5 mts is needed.
For 8 units of 1000 m² width of public road requirements is greater than 5 upto 6 mts is needed.
For 180 units with Floor area of 20,000m² width of road needed is 6 meters or greater. This means if units between 9 and 179 will need public road with width of greater than 5 mts upto 6 mts. Can public road of this width cater to 179 units fully occupied?
Further Table X provides scientific analysis of road. Width of the road includes gutters on both sides of the roads and shoulders on both sides of the roads. Gutters and shoulders occupy two meters of the road width. Right of way that is omitted in the drat Ammendment is what is actually available space for vehicles to move on road. This means if the width of road is 5 mts then considering the width occupied by gutters and shoulders only one meter may be available for movement of vehicles. Only two wheelers can move in such space.
The provisions introduced by bypassing right of way proviso is dangerous. Thinking looks to be to do away with gutters and shoulders. This will turn roads killers and introduce unimaginable floods due to roads without gutters as the case in many places where reckless urbanisatiom is haboured by the State. Audaciously definition of roads on this same law of TCP is overlooked. This audacity comes from the assumption of the Steering Committee that people of Goa will be efficiently mind control and this fact will never come to their attention. Bluff is over now.
16. This Annexure XII is substituted for existing BEE Annexure XII dealing with Adoption of Energy Conservation Building Code, 2006 of Bureau of Energy Efficiency, Department of Power, Government of India to control energy guzzling projects in Goa. This means buildings in Goa will be supplied with unlimited energy caring hoot for carbon footprints. Currently there is a legal limit upper limit on consumption of electricity. With the omission this limit goes off and disequilibrium in State Electricity supply can be expected in disruptive manner. Hence Energy Conservation Annexure that is sought to be done away with must be retained and adopted to Goa.
17. In an Ammendment to 6.A.3.1 clause (e) more construction is allowed in Industrial Zones I-1, I-2 and I-3. More people are allowed to reside in industrial areas not withstanding risks and hazards. Workers in industrial establishment need not take residence outside industrial zones.
Some years ago Industrial Estates were taken away from Panchayat jurisdictions. It's ironical indeed. Panchayat themselves are alien to Goa. They were installed to manage annexed conquest territory of Goa. Now there is trend to weaken them as much as possible. Time has arrived to revert back to pre-1961 model of management of Goa minus Portuguese rule.
18. There already are regulations in place that regularises unauthorized constructions less than 500 square meters. Now this facility is sought to be extended to those unauthorized constructions above 500 square meters. This is applicable also in Coastal CRZ areas with the permission of Goa Coastal Zone Management Authority (GCZMA). All that is required is the evidence that construction was before 31-12-2020. Evidence can be anything Electricity bill, water supply bill, tax receipts etc. Compounding fee is six times more than normal license.
After few years there is likely Ammendment that all such unauthorized constructions before 31-12-2022 will be regularised. This can on every two years till every inch of Goa's land is Urbanized.
This is very profitable venture to the vested interests on prowl but it is destined to ruin Goa to the point unimaginable. Damage causes might even have long term irreversible impacts. No impact studies are carried on even for legally permitted building so where is the question of assessing impacts of unauthorised structures? System in place is in need of drastic shake up.
19. FAR of 20% for 4 and 5 star hotels in increased to 30%. 3 star hotels too are given 30% FAR. Surely this is to benefit tourism lobby. This is indicative of the fact that Goa administration is controlled by luxury tourism lobby. Though public votes politicians, public has no control over them after they get elected. Political class is unanimous not to get Political Parties under the scope of RTI Act and hence it is not possible to know as to which corporate funded which politicians gor them to 'purchase' votes at the time of elections. Hence current democratic system has turned voters into disposable diapers that are to be discarded as soon as elections are over and further subjected to cruel humiliating treatment as reflected in this very draft Ammendment. Indian burecrats are part of the this nasty game as well. Indian Administrative service trains officers to rule ever since 1961 Annexure of Goa through conquest as pointed out by Supreme Court of India in Shantilal Gosalia mining Case.. This Ammendment indicate treatment of Goa as war booty camouflaged as liberation. The practical goal keepers are Goa's perennial behind the scene operators: Goa Chamber of Commerce and Industry (GCCI). They are part and parcel of this disgusting process to push Goa to extinction. This they asses is currently the best timed considering voice of Goans is weakened due to self-censorship enforced by those with Portuguese citizenship.
20. There is an addition of new Annexure- XIV-A for allowing additional 20% FAR to the medical institutions/hospitals having 200 beds and more. Are these for private hospitals/medical institutions?
Recommendation for additional FAR must come from the State Government agencies.
With the absence of Auditing system there is no accountability of what purpose these hospitals buildings will be put to.
Absolute power corrupts absolutely. Currently Urban Development Ministry, Town and Country Planning Ministry as well as Health Ministry is in the hand of one person Vishwajit Rane. Implication of such a concentration of power can easily lead to moral and ethical subversion in the corridors of power at the highest levels in Goa and Delhi. In fact there is something abnormal in the conduct of Vishwajit Rane. No one can sell off his homeland on a platter in a mercenary style the way this Ammendment seeks to sell off Goa. It is a serious crises and to salvage Goa we need to locate true homeland of Vishwajit Rane and deport him there to sell it off to whoever he wants. It is most likely that Vishwajit Rane knows his homeland and can ponder as to if he would treat land of his forefather the way hebis treating Goa through this Ammendment.
21. Some common observations thus as under:
(i) Translation of this Ammendment is not available in vernacular language or official language for people to understand impact and implications on their fields and kulagars. Since the impact is going to be long lasting discussion on this Ammendment has to carried on at booth level across State of Goa. For this 30 days are not enough. Even if State Government doesn't extent the last date under influence of commercial interest this needs to discussed across the State of Goa far longer. If needed for the next five years. Discussion is the first step to action. State Government would like public not to discuss this and will certainly will throw various candies for distractive purpose. We need to reject them at the first instance. This Ammendment is the final nail the coffin of the very idea of Goa that we know of, the very idea of freedom we know of, the very idea of fresh air we breath, very notion of roads that we treat on and very history of Goa that we were prevented from learning. It is for this reason that we need to discuss this intensely both before and after September 27, 2022.
(ii) Land as a commodity is being brokered in terms of FAR of 400, increase of 15% for farm house, 30% for hotels, 20% for hospitals, premium payment for all FAR above 200, unauthorised regularisation, less road width instead of more to favour builders, farm houses in fields, etc..... all will only be a business model to broker land value and multiply corrupt in a department which have been notorious with every changing Minister. Latin meaning of the word 'Minister' is Servant. It means one who serves people. The behavior of current ministers is far from being servants. In fact they deviated so far away from their original role that the word Minister doesn't fit them. Most appropriate word currently fits them is 'Monster'. So we have Chief Monster, Council of Monsters, etc.
(iii) This actually can be a election funding model for all Politicos from land sharks.
(iv) There will be boom in construction, Ease of Doing Business, GCCI/TTAG/GCZMA will decide many critical areas of land use against an expected process of study, analysis, action, audit and review.
Ease of Doing Business is more important to the government than the constitutional duty cast on it to be custodian of the environment and showing the way forward for sustainability.
(v) All Rice fields will be in one stroke reduced by 15% as it will be covered by farmhouses.
To end it is important to know the original Latin meaning of the word Government. It is composed of two Latin words " Guverno" meaning to control, and "mentis" means mind. Government therefore means to control minds. Entire Government endeavor is mind control program in innumerable ways. Some of these programs will be clearly visible as soon as this note hits public domain. For public cannot be looted and fooled if their minds are not controlled. Logically, this Ammendment cannot be enforced without effective mind control program in Goa. Mind control programs are required to complete what was started by Nehru in December 1961. Congress Party started it then. BJP seeks to complete the conquest of Goa to the last inch. The Ammendment under discussion seeks to advance thus agenda. You are welcome to comprehend this note. You are welcome to debate, agree or disagree this note. You are welcome join us as we stand to defend Goa's land from organised mafia and their dens in corridors of powers. Yes, you are welcome, you are indeed welcome! Goa is our homeland!
You are requested to study this note and start discussions in your neighborhoods, contacts, friends, networks and family.
You can use this note as a backgrounder to your interventions at various levels of governance in Goa and India.