To,
Her Excellency,
Governor of Goa,
Raj Bhavan, Cabo,
Dona Paula, Goa
To,
The Chief Minister
Government of Goa,
Secretariat,
Porvorim, Goa
To,
The Leader of the
Opposition,
Goa Legislative
Assembly,
Secretariat,
Porvorim, Goa.
To,
The Minister of Fisheries,
Government of Goa,
Secretariat,
Porvorim, Goa
To,
The Minister of
Ports
Government of Goa,
Porvorim, Goa
To,
The Minister of
Tribal Affairs,
Government of Goa,
Porvorim, Goa
To,
The Secretary
(Ports)
Secretariat,
Porvorim,
Goa
To,
The Secretary
(Fisheries)
Secretariat,
Porvorim, Goa
To,
The Director,
Directorate of
Fisheries,
Panjim, Goa
To,
Captain of Ports
Panjim, Goa
To,
The Collector
(South Goa)
Margao, Goa
To,
The Collector
(North Goa)
Panjim, Goa
To,
The Chairman,
Mormugao Port
Trust,
Headland Sada, Goa
403 804
To,
The Chairman
Inland Waterways
Authority of India
A-13, Sector 1,
NOIDA – 201301,
Uttar Pradesh
To,
The Principal
Secretary
(Environment and
Forest)
Secretariat,
Porvorim, Goa
To,
The Chief
Secretary,
Government of Goa,
Porvorim, Goa
To,
Francisco Silveira,
MLA,
St. Andre
constituency
To,
Antonio Caetano
Fernandes
MLA,
Santa Cruz
Constituency
To,
Smt. Jennifer A.
Monserrate,
MLA,
Taleigao Constituency
To,
The Sarpanch,
Bambolim-Curca-Nauxim
Panchayat,
To,
The Sarpanch,
Siridao village
Panchayat
To,
The Sarpanch,
Agassaim village
Panchayat,
To,
The Sarpanch,
Taleigao village
Panchayat,
To,
The Sarpanch,
Cortalim village
Panchayat,
To,
The Sarpanch,
Borim Panchayat,
To,
The Sarpanch,
Madkai panchayat,
To,
The Sarpanch,
Chicalim Panchayat
Subject: Objections to declaration of Goa rivers
as National Waterways
Sir/ Madam
1.
We write to you as a voice of Goa’s rivers declared as National
Waterways by an Act of Indian Parliament and published on gazette of India on
26th March 2016 as “The National Waterways of India Act, 2016”
(henceforth referred as “2016 Act”) without consulting People of Goa thereby
constituting deceitful aggression of Goa’s rivers and those dependent upon them
both directly and indirectly.
2.
We object to Section 3 of
the above cited Act that states: “It is
hereby declared that it is expedient in the public interest that the Union
should take under its control the regulation and development of the waterways
specified in the Schedule for the purposes of shipping and navigation to the
extend provided in the Inland Waterways Authority of India Act, 1985.”
3.
Goa’s six rivers figure in the schedule cited above at point no.
2. They are:
a.
National Waterway 25: Chapora River, from Maneri to Arabian Sea
near Morjim
b.
National Waterway 27: Cumberjua River, from Cortalim Ferry
terminal to Cumbherjua-Mandovi river confluence near Sao Mathias
c.
National Highway 68: Mandovi River, from Bridge at Usgao to
Mandovi confluence with Arabian Sea at Reis Mangos
d.
National Waterway 71: Mapusa/Moide River, from the Bridge on NH
– 17 at Mapusa to confluence point of Mapusa and Mandovi rivers at Porvorim.
e.
National Waterway 88: Sal River, from Orlim Deusa Bridge to
confluence with Arabian Sea at Mobor.
f.
National Waterway 111: Zuari river, from Sanvordem Bridge to
Marmugao Port.
4.
We object to inclusion of
all the above six rivers cited at point 3 to be governed under the Inland
Waterways Authority of India Act, 1985 (henceforth referred as 1985 Act) for
the following reasons:
a.
Section (2) (h) of 1985 Act provides sweeping powers to
Government of India “If Parliament declares by law any other waterway to be a
national waterway, then from the date on which such declaration takes effect,
such other water waterway (i) shall be deemed also a national waterway within
the meaning of this clause” . Lord Atkins had warned long time ago “Power
corrupts and absolute power corrupts absolutely”.
b.
Section 3: “Constitution and incorporation of the Inland
Waterways Authority of India”. Goa’s rivers are now under the control of
this Authority.
c.
Section 10: “In discharge of its functions under this Act, the
Authority shall act, as far as may be on business
principles.” This sharply compromises comprehensive defense of rivers as
ecological health of rivers is jeopardized. Profits at the cost of rivers.
d.
Section 14 (1)(a): “carry out surveys and investigations for the
development, maintenance and better utilization of the national waterways and
the appurtenant land for
shipping and navigation and prepare schemes in this behalf;” This is one of the
functions of Inland Waterways Authority of India (IWAI) pertaining to use of
rivers and attached lands for shipping and navigation. Fishing has no place under the 1985 Act.
e.
Section 2(a): “appurtenant
land” means all lands appurtenant to a national waterway, whether demarcated or
not. This means all the land attached to six rivers of Goa listed above as
point 3 are under de facto control of
IWAI. There is no limit in 1985 Act on
how much land attached to rivers is in de
facto control of IWAI.
f.
Section 14(b): The Authority may provide or permit setting up of
infrastructural facilities for national waterways.
g.
Section 2(f): “infrastructure” includes structures such as
docks, wharves, jetties, handing stages, locks, buoys, inland ports, cargo
handling equipment, road and rail access and cargo storage spaces, and the
expression “infrastructure facilities” shall be construed accordingly;
h.
Section 14(c): “The Authority may carry out conservancy
measures and training works and do all other acts necessary for the safety
and convenience of shipping and navigation and improvement of the national
waterways”.
i.
Section 2(d): “Conservancy” includes dredging, training, diversion, or abandoning channels; Dredging is already proved to damage
ecology in case of MPT dredging and on those grounds dredging was ordered to be
stooped by NGT.
j.
Section 14(1)(e): “The
Authority may remove or alter any obstructions or impediment in national
waterways and the appurtenant land which may impede the safe navigation or
endanger safety of infrastructural facilities or conservancy measures where
such obstruction or impediment has been lawfully made or has become lawful
by reason of long continuance of such obstruction or impediment or otherwise, after making
compensation to person suffering damage by such removal or alteration.” With this provision all the houses of
people adjacent to six rivers can be easily demolished.
k.
Section 25: “Power of the Central Government to issue directions”.
This is mockery of democracy and decentralization.
l.
Section 25 (2): “The
decision of the Central Government whether a question is of policy or not shall
be final”. This is dictatorship.
m.
Section 26: “Compulsory
acquisition of land for the Authority. – Any land required by the Authority
for discharging its functions under this Act shall be deemed to be needed for a
public purpose and such land may be acquired for the Authority under the
provisions of the Land Acquisition Act, 1894 or any other corresponding law for
the time being in force.” One more
institution for land grab under the garb of Public Interest.
n.
Section 28: Any person authorized
by the Authority in this behalf, may, whenever it is necessary so to do so
for any of the purposes of this Act, at all reasonable times, enter upon any land or premises.
o.
Section 32 (2): “No suit
or other proceedings shall lie against the Authority for any damage caused
or likely to be caused by anything in good faith done or purported to be done
under this Act or the rules or regulations, and in particular, it shall not be the responsibility of the
Authority to provide for relief measures necessitated by floods or by breaches
and failures of works.”
p.
Section 35 (2) (j): “the
exclusion from a national waterway of disorderly or other undesirable persons
and of trespassers;” Fishermen can be easily arrested using this provision.
5.
At October 24-25, 2016 meeting of National Appraisal Committee “M/s National Waterways Authority of
India proposed for development of stretch of Mandovi River (NW-68, 41 km),
Zuari River (NW-111, 55 km) and Cumberjua Canal (NW-27 km). Project Proponents
informed currently 228 barges are
plying Goa waterways and highest capacity barge is 2500 T. initial dredging for maintaining 3.2 m LAD will
be sufficient for enabling the vessels to ply round the year. Total dredging quantity will be about 3 Mm³.
Dredging in these stretches to be disposed
off beyond the disposal area of Mormugao Port Trust towards Seaside.” This
means NWAI is taking ahead interests of barges.
Barges are owned by private parties transporting ore and are known historically
to destroy Goa’s ecology. 2016 Act and 1985 Act are functioning to support
Goa’s ecological criminals. This is ridiculous and unacceptable.
6.
The reputation of barges
with regard to rivers in Goa is notorious. As per the minutes of the
first meeting Goa State Pollution Control Board (GSPCB) held on October 05,
1988 three issues has been kept for special attention of the Board. They are as
under:
a.
“Pollution of
Inland waterways by movement of barges and other vessels.” This means what is
already notorious form of navigation in Goa i.e the barges are further being
given impetus by NWAI. These barges transport ore extracted from mining of
Goa’s mountains and plains which has created equally ghastly damage for ecology
and officially noted as under point (b).
b.
“Mining industry
being major polluting industry in Goa”. In order to solve this problem GSPCB has following note
mentioned below in point (c)
c.
“Education of
masses on the aspect of prevention of pollution”. Prevention of
pollution as we realize can take place by banning barge transportation though
rivers and banning mining in the State of Goa. Inclusion of Goa’s rivers as
National Waterways is truly unfortunate and disastrous for the rivers, fish,
and fishermen, and mass of people of Goa who are dependent upon fish for daily
staple of food.
7.
Declaration of
Goa’s rivers as National Waterways is certain death for rivers of Goa and those who will
mourn the loss and not just people but also Goa’s majestic mountains as rivers
origin in mountain and proceed towards Arabian Sea supporting innumerable life
in between. What the Indian Parliament done by passing 2016 Act is very sad and
anti-life. We would like to quote from Habacuc 3:10 “The mountain saw thee, and were grieved: the great body of waters
passed away” .We stand in defense of rivers in most intimate manner and
Maori declaration as our own for each of Goa’s rivers is great for us: “The Great River flows from the mountain
to the sea. I am the River and River is me”.
8.
We want to bring to your
attention that exactly similar treatment were given to Whanganui River and Indigenous
People known as Maoris in New
Zealand from 1840 onwards. River was used by white settlers as “highway” for navigation and activities
of Maoris were greatly restricted. Maoris
never accepted this and fought back for 177 years covering many
generations. As a result of the struggle New Zealand Parliament enacted a law
in March 2017 known as Te Awa Tupua
(Whanganui River Claims Settlement) Act 2017. In the sections 69 of this
law there is clear acknowledgement from
the Crown for all the damage done to the Whanaganui River even as Maoris
refused to relinquish their rights to the Crown. Similar situation has come
upon people of Goa and we too refuse to relinquish rights over Goa’s rivers to
the Indian Parliament usurped in colonial style via 2016 Act. Indian Government
is all out to damage Goa’s rivers and people, just the way White Colonialists
damaged Whanaganui river and Maoris of New Zealand. In the same New Zealand law
via section 70 Crown apologized and
sought to atone for its past wrongs. Indian Government is embarking on
committing such wrongs against Goa’s Rivers and People.
9.
We noted that there are two drafts Memorandum of Understanding
(MoU) available under RTI from Captain of Ports and one finalized MoU. All the
three MoUs are highly objectionable as expected consequences are to dredge Goa’s rivers, take over land,
disrupt fishing occupations, and deplete fish catch excessive control over
Goa’s riparian areas as well as rivers with Inland Waterways Authority of India
located at Noida, Uttar Pradesh.
a.
Draft MoU between
Captain of Ports (CoP) and IWAI dredging of 180 kms in Six rivers with
Environment, Forest and local issues to be addressed by IWAI. Land Acquisition
will be the responsibility of IWAI. In other words Goa will be administered
from Noida in Uttar Pradesh. This is
Colonial mode of development based on exploitation of nature and people and
needs immediate dismantling.
b.
Draft MoU between IWAI,
Government of Goa (GoG), Mormugao Port Trust (MPT) states that
i.
CoP represents Goa
State
while MPT is functioning under Ministry of Shipping, Central Government.
ii.
Article 1.1 (a) (i) notes
“Fairway development of 182 kms stretch which includes dredging, river training works, bank protection”.
iii.
Article 3.1 (iii): “CoP
will also be paid service charges @2% of the awarded cost of the Project
work for obtaining all necessary clearances from different departments, preparing
EIA, acquiring land for the work rendered to the development of a project
etc.
iv.
Article 3.2 GoG
responsibilities:
1.
Administration of rules and regulations under IWAI Act 1985
2.
Ensure safety and security of waterways
3.
Identify projects for implementation in consultation with the
IWAI
4.
Facilitate the project executing agency (MPT) to obtain all statutory
clearances
5.
Land acquisition as and when
required for any development work on said NWs
6.
Remove any encroachments on the banks of waterways
7.
7. Facilitate last mile connectivity from the National Waterways
for seamless movement of good and passengers.
8.
CoP department will
identify and propose the various development projects to be carried out in the rivers and the same will be financed by IWAI and executed by MPT taking into
consideration the Technical/ Financial/ Environmental/
Public Sensitivities of the State into account.
9.
Ensure unrestricted
development and utilization of National Waterways by regulating the existing
fishing activities carried through stake net fishing, barrier net, River gill,
river cages, and fishing by any registered gear. Views of local fishermen area
shall however be taken into consideration before finalization of a site for
development by CoP and IWAI.
10. Before
finalization, i.e work of a construction, dredging
of river, training wall construction bund, necessary EIA if applicable shall be carried
out and the effect on the ecology and other organisms shall be disclosed before
tendering the work. The expenses for conducting the EIA will be funded by IWAI.
Whom it will be disclosed not mentioned. No provision for Public Hearing.
11.
Exigency work related to the security, safety of
navigation, environment protection,
and matters of public interest which
require immediate attention will be attended to by the CoP and IWAI will be
informed subsequently.
The above responsibilities
of Goa government are a recipe for all round ruin of Goa. Dredging and
regulation of Fishermen are the most dangerous provisions and guarantees
elimination of fishing occupations in Goa.
v.
Article 3.4 (i): Land
acquisition shall be the responsibility of the GoG. All Environment,
Forest, local issues shall be addressed by IWAI, GoG and MPT jointly.
vi.
Article 7.5 “IWAI will provide the full funding for providing
any facility like Hydrographic survey, EIA,
Dredging, river training,
Aids to Navigation including channel making, Construction / up gradation of
terminals and Jetties.”
vii.
So here we have IWAI willing to put money to transform Goa into
a graveyard.
c.
Finalized MoU
between IWAI and MPT:
i.
Signed without
public consultations in Goa
ii.
Signed on 28th September 2016
iii.
Signed between MPT Chairman I. Jeyakumar, IRTS and IWAI member
(traffic) Shrikant Mahiyaria, IRTS
iv.
Signed for Mandovi,
Zuari, Chapora, Cumbharjua, Mapusa and Sal rivers
v.
Article 1.1 (a):
1.
(i) “Fairway of 182 kms stretch which includes dredging, river training works, bank
protection etc.”
2.
(ii) “Terminal construction with cargo handling facilities,
off-shore structures and related infrastructure.”
vi.
Responsibilities of MPT: Article 2.1
1.
“Dredging works”
2.
“ bank protection”
3.
“Development, planning, & designing of IWT terminals”
4.
“Support for safe
movement of Cargo Vessels”
The
above four points means total control of Goa’s rivers and river banks by MPT
that is functioning under Ministry of Shipping, Government of India. This is a
direct contrast to statehood, contrast to Panchayat Raj and contrast of every
democratic norm. Final disruption of
fishing occupations in rivers will be carried on by MPT.
vii.
Joint responsibilities of MPT and IWAI: Article 2(3) (i):
1.
“Getting necessary clearances / approvals from concerned
ministries and central/ state Govt. for execution of development works.
2.
All environment, forest, local issues shall be addressed by IWAI
and MPT jointly.
3.
Land acquisition shall be the responsibility of IWAI.”
Fishing
occupation will suffer as revealed from above three points. There is no
sensitivity to fishermen in this entire signd MoU.
BMM calls for
exclusion of Goa’s six rivers from the Schedule of National Waterways of India
Act 2016 immediately. Or else our generations currently and in future will have
to fight like Maori generations fought and narrated in this letter at point 8.
BMM calls upon you to attend to this issue and be a voice to
Goa’s threatened rivers and consequently threatened people. Kindly forward this
letter to the higher authority.
Union Shipping
Minister Nitin Gadkari has commented in press on 08/11/2017 that Goa’s rivers
that are declared as National Waterways will be dredged. This is exactly we are
against as dredging has proved to create enormous ecological harm at MPT late
2016 and early 2017 before NGT stopped it on complaints from Fishermen
organizations. His approach is death blow to fish movement and fish breeding
grounds in Goa. Opening up rivers for navigation for Cargo and tourism
including eco-tourism will severely disrupt fishing activities in Goa and
people of Goa will not tolerate.
You are therefore
requested to take appropriate steps to make sure that our views are presented
effectively to the Central Government failing which there could be major
repercussions including social, political and economic unrest. People in Goa
take fish, curry and rice as staple diet and currently Goa government along
with corporate interests has targeted all three pushed people towards
desperation. Rice cultivation suffered due to land conversions from
agricultural to non-agricultural purposes to benefit real estate, industry and
mining, Curry is costly as coconut trees are chopped down to make way to multi
storied buildings and star hotels. The remaining coconut trees yield has
drastically lowered as mobile towers mushrooms and radiation has become
widespread. Fish is being robbed from our plates through declaration of Goa’s
rivers as National Waterways.
We are sure that
you too will contribute towards comprehensive defense of our Rivers and object
to the declaration of Goa’s rivers as National Waterways, exclude Goa’s rivers
as National Waterways and nullify all the MoUs in this regard.
Thanking you,
Yours Sincerely,
