To,
The Governor of Goa,
Raj Bhavan, Cabo,
Dona Paula, Goa
To,
The Chief Minister
Government of Goa
Secretariat, Porvorim, Goa
To,
Minister of Fisheries,
Government of Goa,
Secretariat, Porvorim, Goa
To,
The Leader of the Opposition,
Goa Legislative Assembly,
Secretariat, Porvorim, Goa
To,
Secretary (Fisheries)
Government of Goa,
Secretariat, Porvorim, Goa
To,
Secretary & Commissioner (Ports)
Government of Goa,
Secretariat, Porvorim, Goa
To,
The Director of Fisheries,
Panjim, Goa
To,
Captain of Ports,
Panjim, Goa
Subject: Call to stop
Aquasail water sports activities in Zuari River
1.
For past two and half months there
is continues violation fishing rights in Zuari due to water sports carried near
Bambolim – Nauxim villages by Aquasail Distribution Company Pvt. Ltd.
2.
Today is 19th April 2016.
On this very day in 2014 traditional fisherman Vishnu Kankonkar was violently
treated with slap on his face by then Agassaim Police Inspector Devendra Gad on
Bambolim Beach on behalf of this corporate. So far no action has been taken
against Devendra Gad for taking law in his hand. Why?
3.
The root of this conflict lies in
clash between tourism and fishing in Zuari river. We have examined the
available records under RTI from various government agencies and we now are
filing comprehensive complaints before you for your immediate action. Noting
dated April 07, 2014 from the then Chief Minister of Goa and current Defence
Minister of India Manohar Parrikar that gave final approval for the Aquasail to
operate water sports activities in Zuari River. ‘Permissions has been issued to
40 units which involve some inflatable boats, wind surfing boards, laser fun
boats and kayay. In 2015 after repeated complaints against Aquasail Secretary
(Fisheries) placed internal noting on August 21, 2015 that reads “Before
issuance of renewal of NOC, we can have a meeting as proposed by Dir (Fisheries)
with all the stake holders for necessary direction please.’ Then on September
28, 2015 note from the Fisheries minister Avertano Furtado states “Based on the
meeting held with the Fishermen Association & AquaSail N.OC. may be granted
subject to the conditions that (1) Operation time may be restricted from 9.30
a.m to 5.30 p.m. (2) Compensation to be paid in full to the Fishermen for any
damage caused to the nets etc by AquaSail.” So we have a situation that in 2014
Fisheries Minister allowed Chief Minister to take decision. In 2015 he took the
decision himself.
4.
Also ideology of compensation has
been introduced and possibilities of fishing nets disruptions are admitted. The
inspection report of Superintendent of Fisheries (Enforcement) and Fisheries Officer
is reported after inspecting conflict site that sailing activities did not
destroy the nets of the fishermen and it is totally pollution free. The issue was never about pollution due to
water sports the issue was and continues is of disturbances of fishing
activities as the currently water sports activities are carried on at space
what is known get abundant fish catch. Reports from Fisheries department are
deliberately distractive and misleading.
5.
Traditional Fishermen in Zuari River
has been writing number letters to the Fisheries Department complaining about
water sports activities in Zuari River that has seriously undermined fishing
activities. The sources of this conflict can immediately be traced to a legal
instrument created at the sub-registrar office in Panjim on 28/09/2011. This
agreement is between Goan Hotels and Club Private Limited and Aquasail
Distribution Company Pvt. Ltd. Closer examination of this agreement reveals
that there is nothing Goan about the Goan Hotels and Club Private Limited. This
is a public limited company incorporated and registered under Companies Act,
1956, a part of DB Group of Companies with registered office address as DB
House, Gen. A.K.Vaidya Marg, Goregaon (East), Mumbai 400063. On 02/07/2011 it
took a resolution that Mr.Firoz Pathan, 36, Son of Haji Khan, Indian National,
resident of 16/2, Al Amin Park – Vatva, Ahmedabad, Gujarat to represent this
company in his capacity as Manager Engineer (Operations).
6.
Similarly Aquasail Distribution
Company Pvt Ltd is also a company incorporated and registered under the
Companies Act, 1956 at the office of Assistant Registrar of Companies,
Maharashtra, Mumbai. It has registered office at 2J, Calcot House, 2nd
Floor, 8 Muddanna P. Shetty Marg, Fort, Mumbai. 400023. It took resolution on
19/09/2011 to authorize its company director Sahkeel Kundrolli, 51,
businessman, son of Rashid Kudrolli, Indian National, resident at 17/C, Usha
Sadan, Colaba Post Office, Mumbai to represent the company. Short description
of the company as available in this agreement itself is as follows:
“Aquasail
is engaged in the business of providing high quality experience in water sports
and a host of products and services in relation thereto.”
7.
The description of Goan Hotels and
Club Private Limited (GHCPL) is revealing too:
“Goan
Hotels and Club Private Limited is developing a property at Bambolim, Goa with
a hotel of 5 star facilities, large conference facility, restaurants and Villas
and has engaged Hyatt group of Hotels to manage the entire Hotel and Goan
Hotels and Club Private Limited is further interested in setting up a water
sports facility and for provisioning of water sports products and services in
accordance with terms and conditions set out in the agreement”
8.
There is one more interesting bit of
information in this agreement in facilities.
“Goan
Hotels and Club Private Limited is the legal and beneficial owner of the Bambolim property being land
admeasuring 94,011 sq.mts of village Bambolim, at survey Nos. 12/1, 12/2 &
99/2, Goa.”
9.
This legal agreement carried on
without consulting fishermen in Zuari has certain obligations placed on
Aquasail that is in direct conflict with traditional fishermen in this river.
Aqusail will have to conduct water sports ‘products’ and ‘services’. These are
Sailing, Kayaking, Power boating, Wake boarding, Wind surfing and other beach
sports, Personal Water Crafts, Scuba Diving (Only from sailing season of 2012
onwards), International Standard training courses in various water sports,
Corporate events, celebrity events, and any other Events/ Activities related to
water sports.
10.
The term of this agreement is for a
decade:
“Subject
to the term of this Agreement shall remain valid for a period of 60 (sixty)
months from the date of execution hereof (“Term”) and shall be automatically
renewed for another 60 (sixty) months unless the non renewal is communicated by
either party to the other in writing at least 90 (ninety) days prior to the
expiry date of the Term.”
11.
Letter dated 01/06/2013 from Goan Hotels and
Club Private Limited to Aquasail Distribution Company Pvt. Ltd specifies the
date of commencement date of the Agreement
as 01/06/2013 for the period of 60 months that is upto 01/06/2018 and
automatic renewal for another 60 months that is up to 01/06/2023.
12.
Business
component is central to this agreement.
“Aquasail
shall pay to GHCPL a sum of Rs.75,000/- per month exclusive of all applicable
taxes commencing from month of October to May (Sailing Season) and a sum of
Rs.40,000/- per month exclusive of all applicable taxes commencing from June to
September (Off Sailing Season). The fixed charges shall be payable by Aquasail
to GHCPL within 10 days of the commencement of every month. Fixed charges shall
escalate at 10% per annum.”
13.
There is revenue share too.
“In
addition to the fixed charges, Aquasail shall pay to the GHCPL, 6% of the total
gross revenue that Aquasail generates at the water sports centre during the
sailing season only. Such payments shall be made to GHCPL with 10 days of the
end of each sailing season.”
14.
None of the fishermen were aware of
this agreement between the two companies from Mumbai intervening in the
traditional fishing. In fact the agreement itself has very strict public
disclosure policy inbuilt:
“No
public release of information regarding this Agreement (including without
limitation, announcements, denials, or confirmation of the placing of the
services) to any third party shall be made by Aquasail, its employees, agents,
officers, contractors, sub-contractors without prior approval of GHCPL for each
such instance o disclosure. All copy of material relating to this Agreement
which is intended for publishing and presentation in any form by Aquasail or
any sub-contractor, must first be submitted in draft form to GHCPL for approval
indicating the where/how it will appear.”
15.
There is even more strict
confidentiality clause inbuilt within the agreement.
“The
terms and conditions of these Agreements including its existence would be
confidential information and would not be disclosed to any third party by any
of the parties hereto except that the Parties would be able to disclose the
terms and conditions of this Agreement to their respective advisors or if
mandated by applicable law.”
16.
There are two key government
departments that are involved in granting permissions for the water sports
activities – Captain of Ports and Directorate of Fisheries. The available
records prove that Director of Fisheries N.V.Verlekar granted No Objection
Certificate (NOC) for these water sports activities on 09/01/2013 to carry on
the activities from 09/01/2013 to 31/05/2013 with a condition that the sports
activities shall not cause any hindrance to any fishing activities conducted by
the traditional fishermen in the area. It is not sure as to whether any water
sports activities were carried on during this period. Next Director of
Fisheries Dr.Shamila Monteiro revoked this NOC on 26/11/2013 citing the reasons
of opposition from local fishermen. The revoked NOC was reconsidered again on
15/04/2014. This came in for sharp criticism from the Fishermen of Nauxim,
Bambolim, Siridao, Cacra, and Odxel (Taleigao). In a letter of 09/05/2014 to
the Fisheries Minister 132 fishermen wrote:
“The fresh NOC
dt. 15.4.2014 issued by the Directorate of Fisheries requires the Water sports
operator to comply with various conditions, the first and foremost condition
being that “The sports activities shall not cause any hindrance to any fishing
activities conducted by the traditional fishermen in the area”. However this
condition can never be fulfilled because by its very nature the water sports
activities interferes and disrupts the fishing activities as enumerated here
below:-
1) The area around the hotel is a
protected bay where fish breed and are found in abundance especially solar
prawns, muddoxio, chonak etc. The sailing activities disturb the waters of the
rich fishing grounds and drive away the fish. They also prevent spawning of
fish and destroy the ova laid.
2) Near the Grand Hyatt, since many
decades 3 families have been placing their Rampons. Due to the water sports
activities they are not now in a position to carry out their fishing activity
and are left destitute as their only source of livelihood has been destroyed.
3) The Rampons and fishing activities
are based on tidal movement and not conducted at fixed/regular timings. Water
sports activities are conducted daily from 6.00 a.m in the morning to 6.00 p.m.
in the evening so disruption of the fishing activities is a daily occurance.
4) Some of the Company’s sailing boats
have reached as far as Siridao during the last few days. This is the area where
the traditional Ramponkars put their nets but now the Ramponkars fear that
fishing activities will be disrupted.
5) The fishermen of the area are
generally magkars whose nets (katai) extends to a length of minimum of 300 mts.
The Company’s sailing/motor boats very often damage these nets.
Further, one of
the conditions of fresh NOC issued by the Directorate of Fisheries is that “the
area of water sports activities is restricted to the area marked by the
competent authority”. Till date no area has been marked by any authority and
the water sports boats are freely moving about, even as far as Siridao.
Due to the Water
sports activities our livelihood is threatened. Please do not force us to come
on the streets and agitate against the injustice that is being done to us.
Sir, we are not
highly educated and some of us are even illiterate, but our knowledge of our
traditional occupation, the fishing conditions, fishing timings, tidal
influences is based on experience and knowledge that is coming down from
generations and is not based on mere book knowledge.
We therefore humbly
request you to immediately cancel the NOC granted for the water sports
activities, and save our traditional fishing occupation and only source of
livelihood, for which we shall be ever obliged.”
17.
State never obliged to this. Never again
the permissions were revoked. In fact the permissions were granted with level
of political pressure on the Director of Fisheries from the office of the
Secretary to Fisheries who is an IAS officer who heads the fishing
administration in Goa even though the operation of water sports became
difficult on ground because of daily monitoring of fishing rights violations
put in place by organized fishermen.
Single IAS officer Amjad Tak is holding charge currently both as Secretary to
Fisheries as well as Secretary and Commissioner to Ports. Captain of Ports has
granted permissions to 40 water sports boats and NOC granted by Fisheries
department. Fishermen through petitioning to the Captain of Ports have created
written record of their protests over water sports.
18.
Fishermen were never consulted nor are
responsible for the agreement
dated 28/09/2011 between Goan Hotels and Club Private Limited and Aquasail
Distribution Company Pvt. Ltd signed before sub-registrar, Panjim. This
agreement coupled with political pressure to continues fishing rights
violations has created this confrontationist situation between tourism and
fishermen.
19.
Both
these companies Goan Hotels and Club Private Limited and Aquasail Distribution
Company Pvt. Ltd are operating against interest of traditional fishermen in
Zuari and we call upon you to immediately stop water sports activities carried
on in Zuari in this regard.
Yours
Sincerely,
