Eco-hostile Resolution on Goa Mining

The resolution taken unanimously passed by Goa Legislative Assembly on August 03, 2018 strongly recommending re-starting of mining in Goa is completely eco-hostile act on behalf of all elective representatives in House. However this is no shocker. Mining companies of Goa are known to be funding State and National Political Parties both ruling and opposition, their MLAs are therefore obliged to push ahead the agenda of the mining corporate. Plus several MLAs of Goa are direct and indirect beneficiaries of mining industry with open and covert business links.

Curtorim MLA Reginald Lorenco who had raised public hopes with some dissent to mining, gave in. Cortalim MLA Alina Saldanha who is amongst the most sensitive and skilled having worked with late Mathany Saldanha and functioned as Goa’s Minister for Environment and Forest has betrayed for trees has no votes. Tribal Affairs Minister and Priol MLA Govind Gawde did not bother to have deeper look at the tribal communities’ expression of grievances arising from ecological damage caused by mining industry in Sonshi and Colomba. Their votes signified their co-option to the exploitative system in place.

The resolution to re-start mining in Goa completely exclude any mention to the ecological damage that mining has already caused: amount of water pumped out daily depleting ground water table, amount of forest land diverted for mining purpose, amount of trees cut down or buried alive under mining dumps, the intensity of pollution caused to the paddy fields and rivers.

On the contrary we have witnessed highly objectionable comments from the Chief Minister Manohar Parrikar who is also Goa’s environment Minister “Just on ground of environmental damage, is it right to stop mining activity?” Goa’s environment Minister has a mindset that is in needs of immediate correction. Can economy flourish by damaging environment? The very first meeting of the Goa State Pollution Control Board (GSPCB) minutes records that mining is biggest environmental pollution in Goa and barges transporting iron ore causes environmental pollution to Goa’s rivers, and massive public awareness is the need of the hour. When mining has caused such a high level of damage to Goa is it not the duty of the State government to stop mining forever and move people away from dependency on mining?

A month ago Indian Government’s Niti Ayog published study that warned of increasing shortage of fresh water in India. All water pumped out to extract ore in Goa is fresh water. Do any of the MLAs in Goa Legislative Assembly has data on how much ground water is pumped out from the legal and illegal mining pits in Goa ever since mechanization of mining in the decade of 1970s? Do they have information as to how many water bodies like wells in Sirgao has gone dry because of pumping out of ground water from mining pits? Do they have any data on how much of agriculture has been damaged due to flow of mining silt into paddy fields in Sattari, Bicholim, Ponda, Sanguem and Darbandora Talukas? How much unemployment and food insecurity has this created since 1970? It appears from the resolution that MLAs are only elected representatives lack moral courage and vulnerable to swings of cash and bullying.

Latest advertisements in Delhi Print media claim that mining in Goa is sustainable and eco-friendly. The extracted ore has reached shores of China, Japan, Pakistan and other countries as per records published by Goa Mineral Ore Exporters Association and Goa’s ore is sustaining these foreign countries. From 1945 Goa’s ore export has contributed immensely in resurrecting Japanese economy shattered by nuclear bombings. From 2000 Goa’s major share of exports went of China. Goa’s exports sustained Japanese and Chinese economies. How mining has sustained Goa’s ecology?

In what way Goa’s mining is eco-friendly? Isn’t it repackaging of mineral farming concept? On the contrary very first minutes of GSPCB proves that mining is an eco-hostile industry causing irreversible damage to Forest, Agriculture, Horticulture and Rivers.

Former Chief Minister Pratapsingh Rane, Poriem MLA is worst of all for his claims of not being aware of ecological damage due to mining. He must visit Pissurlem, Sirgao, Cavrem, Bicholim, Lamgao, Colomba, Advalpal, Honda, Sonshi and meet people who are staying and are at the receiving end of the mining industry.

The resolution to re-start mining by modifying Central Government mining laws is eco-hostile decision that will inevitably lead to Goa’s ecocide.

Sebastiao Rodrigues

Defiance against Draft CRZ notification 2018

Date: 15^th June 2018

To,

The Director,

Ministry of Environment, Forest and Climate Change,

(IA-III Division)

Telefax: 011-24695340

e-mail: arvind.nautiyal@gov.in

J-615, Jal Block, Indira Paryavaran Bhawan,

Jor Bagh Road, New Delhi – 110003

Subject: Defiance against Draft CRZ notification 2018

Sir,

This is in response to the Public Notice dated 18.04.2018 on your ministry’s website with subject “Draft Coastal Regulation Zone Notification, 2018 – reg.” signed by Arvind Nautiyal calling for comments/ suggestions from all stakeholders within 60 days. Our comments as under:

1. Draft CRZ notification 2018 aimed at supersession of Coastal Regulation Zone Notification 2011 excludes Goa from special protection in spite of its most fragile ecology. This made us to reflect deeper after our attempts to activate CRZ laws proved futile for the State of Goa. Recently we filed one complaint with Goa Coastal Zone Management Authority (GCZMA) against the construction of bund on the banks of Mandovi River involving cutting down of mangroves in CRZ I B. Construction work sanctioned and funded by Agriculture department, (Government of Goa) and being carried on by private contractor with supervision of Naveli-Goltim Communidade. Our investigations revealed that this work worth more than 10 crore is being carried on without CRZ clearance. RTI queries revealed that Agriculture department never sought permissions from Goa Coastal Zone Management Authority (GCZMA). On the contrary after our complaint GCZMA carried on joint site inspection with us, prepared report but never shared with us even after requesting to do so, and more importantly did not stop the bund construction work in CRZ area. After our investigations we leaned from Mr. Nelson Azavedo, Attorney of the Naveli-Goltim Communidade that CRZ laws are illegally enforced in Goa and Government of India has no jurisdiction to govern any of the Goa’s land.

2. This peculiar situation has arisen due to different colonial history of India and Goa with differing Jurisprudence. While India was governed and ruled by British, Goa was governed by Portuguese with far different legal practice. Portuguese laws in Goa applicable till date conflict with Indian laws relating to land. Portuguese signed Foral document in 1533 with the officials of local self governing village bodies in Goa known as communidades guaranteeing their autonomy in governance of land and village administration. This is a separate history from British rule in India.

3. Even though India attained so called Independence in 1947 its Constitution clearly prescribes dependence upon laws of the British government via Article 147. This is because India was ruled by British and Goa was not. So Constitution is relevant to ex-British colony and not to Goa which was never a British colony.

4. This system continued till Goa got merged into India in December 1961 after Congress government led by Jawaharlal Nehru ordered Indian Army march into Goa on December 17^th 1961 and on 18^th December 1961 mid night Soviet Union exercised veto power over UN Security Council resolution to help India in its mission. India established the so-called control over Goa on 19^th December 1961. Though this event is known popularly as “Goa’s Liberation”, according to one of the Supreme Court of India’s Judgment relating to mining “Goa was annexed through Conquest”.

5. Prior to this conquest India had its Consulate in Goa. Goa was a separate country. With the conquest political status of Goa changed overnight from being a separate country attached to Portugal to Union territory of India. Indian rule in Goa sidelined communidades and established Panchayat rule at village level. This sadly, caused harm to the self-governing system already in place and introduced secret vote based democracy. Commundades are democracy without secret voting but open direct deliberative democracy.

6. Opinion Poll that took place in 1967 it was not whether people of Goa wanted to be part of India or to be Independent nation. Law and economics colluded to severely compromise Goa’s ecological identity.

7. This is particularly so after 30^th May 1987 when Goa was granted status as a separate State within India. The first cabinet meeting itself past tourism master plan within 24 hours of Statehood crowding Goa’s beaches with luxury hotels from North to South of Goa. This was opposed by Student organizations and Tourism Master Plan was dropped.

8. Goa faced renewed pressures on Coast from tourism lobbies after India adopted new economic policy in 1991 when Finance Minister Manmohan Singh ushered in New Economic Policy of Globalization. Several Golf Courses and Star Hotels were proposed on several beaches and land acquired but People of Goa fought back to stop at the planning stage itself. Since then people of Goa has been continuously battling to defend its shores from tourism, rivers from dredging from shipping and mountains from mining.

9. Draft Coastal Regulations Zone Notification is further intensification of this 1961 conquest of Goa, now at the behest of BJP. BJP is funded by corporate rather lavishly and it has grown to be one of the richest Political Party in the World with declared income of Rs. 1034 crore for the financial year 2016-17.

10. More dangerously, functioning of MoEF itself has been viewed with suspicion as Goa Chief Minister Manohar Parrikar has publicly stated in past that MoEF accepts bribes to grant Environmental Clearances.

11. Dr. Shailesh Nayak Committee never visited Goa to understand Goa’s  situation from mass of people. Why? 

12. If No Development Zone (NDZ) is applicable within notified Port Limits then it is applicable to Goa’s six National Waterways that are also under Jurisdiction of Mormugao Port Trust?

People of Goa are fully aware of Communidades as self-governing institutions. Government of India cannot full the People of Goa. CRZ in Goa doesn’t stand fruitful in anyway when Commuidades are true decision making bodies since time immemorial. So the issue is not of CRZ but of Freedom from Political regime that has introduced this notification to benefit corporates and banks in search of places to destroy ecology. At the end of 60 days comes 18 June which for us is a day of struggle for freedom, a day of defiance, Goa Revolution Day.

There will be a mass uprising in case these draft coastal regulation notification 2018 are finalized and enforced in Goa.

Thanking you,

Yours Sincerely,

 Sd/-

Maggie Silveira

President

Goa Unit

Copy: Member Secretary, Goa Zone Management Authority, Porvorim, Goa

Mopa airport will heat up Goa?

Today morning Dr. Joe D'Souza said something very true and serious, "Mopa airport is going to change Goa completely. Concretization of ground is dangerous. Already Goa has been ruined by mining industry. I may leave or not leave but in future in the Month of June Goa will witness floods. We are ruled today by mercenaries who are determined to make Mopa airport operational and shut down Dabolim airport. We cannot leave in illusion that Dabolim Airport will continue once the Mopa airport starts. We have to protest and stop concretization of Goa. If not Goa will witness rise in temperature" He was speaking at the Avinash Tavares presentation organized by Goan for Dabolim Only, a group campaigning against Mopa Airport at Menezes Braganza Hall, Panjim. 

Avinash did excellent job of studying all the available documents. Special word of gratitude to him for speaking out on Axis bank funding of Mopa Airport Construction. Very few people around dare to scrutize role of banks in funding destruction through State and corporate power. 

Dr. Joe D'Souza's point of launching campaign against concretization is very apt and need of our times. Automobile industry is and its addictions also needs examinations for widening of roads, asphalting of compound interiors in several places all over Goa.

West is North! India loose sense of direction!

"It shall be the fundamental duty of every citizen of India to protect and improve the Natural Environment including forests, lakes, rivers and wildlife, and to have compassion for all living creatures."
           - The Constitution of India Article 51-A(g)

 Fulfillment of Fundamental Duty

In order to pursue the fulfillment of ones fundamental duty to protect natural environment People of Goa Petitioned National Green Tribunal in Pune. Several disastrous corporate projects were halted at NGT: Tiracol, Siolim Jetty on Chapora River, MPT deadly dredging of Arabian Sea and several more instances.

Corporate chocked up. Money fueled into the coffers of BJP and other Parties were finding unjustifiable in the face of repeated whips from NGT Pune.

Finally bell rang on on the feast of St. Lawrence, Goa roasted on slow burning fire! Goa jurisdiction moved from Pune to Delhi on August 10, 2017 and notified the next day August 11, 2017.

Rise of anti-colonial movement

With a flicker of this decision Goa environment movement stands transformed into anti-colonial movement. Now Goa is a Colony of Delhi - the Capital of India. And Government of India transformed itself from Nationalist to Anti-nationalist government. Protection of natural environment that includes Forests, rivers, lakes, wildlife is a constitutional duty of every citizen. Suddenly this has been challenged with shift in NGT jurisdiction. Indian government instead of making it easier for Public to exercise their constitutional duty has imposed hurdles of geography around their neck. We don't know the exact reason but know the consequences: Chocking Goa to undignified death.

Indian State and the State in Goa has turned tyrannous and democracy is fast evaporating into skies. Ground stands barricaded.

Northern lust

Central government has already taken our rivers and put them under jurisdiction of Inland Waterways Authority of India that is again located in North India at Gurgaon. Noose around Goa People already tightened up due to invasive Aadhaar Card even though most have not even realized. 

Central Government is suffering from crisis of direction. It is unable to distinguish between North and West. So the writing on the wall is clear. One who does not have sense of direction is bound to bang his head on the wall! Central Government status today is somewhat like this. We wonder from where Indian government got this idea to treat Goa as private estate brought as dowry by 16th wife of fancy King?

Goa Invasion

This decision, if not revoked can have very disastrous consequences. In 1961 India invaded Goa and sustained with the Veto from USSR. Pri. Chico Montiero and Kid Boxer raised their voices (and paid price with their liberty) and were arrested tried and sentenced to prison. Pri. Monteiro to Chandigarh jail and Kid Boxer to Nasik Jail. They were then termed anti-nationals and their legacy suppressed. Now if Indian government continues this trend then both of them may well gain in stature as the Freedom Fighters against Indian Imperialism in Goa. In fact Voices are increasing in Goa that 1961 was not a liberation of Goa but an invasion by India. Latest voice is of Jerry Cal's song sung by Olga in Album "Ugdas M Boyeracho". The arrogant behavior of India towards Goa will only be an appetizer to the rise of Kid Boxer and Pri. Chico Mendes from their graves. Kid Boxer's famous verse against Indian Invasion is still cited by those who witnessed his arrest in Mapusa during Tiatr : "tum bhitor sorlai chukon, mottoloi sukonn; durreacho desh pochonam!"

Strange but true: Goa is under Indian invasion. and India is under bamani invasion. Therefore Goa is under Bamani invasion too. Even though we admit it privately and speak of it in whispers, its reality that challenges Goa today : Layers of invasions on our Geography and our Psyche. urgent combat needed.

MoEF corrupt

Manohar Parrikar publicly declared few years ago that corruption in Ministry of Environment and Forest is rampant and their officials are known to collect money bags from mining companies in exchange for granting of Environmental Clearances. It is likely that huge money bags has crossed into MoEF officials and proved Manohar Parrikar correct. Here is link to Manohar Parrikar's confident assertion on corruption in MoEF. 

CBI probe on the process followed in this West to North India episode of Goa will be helpful.In the meanwhile Goa Bench of Bombay High Court has stayed MoEF descision till September 05, 2017 when the matter will come up for the hearing.

Illegal Hill cutting activities in survey numbers 1 to 16 of Bambolim village

Date: 30th September 2015

To,

The Collector (North Goa)

Panjim, Goa

Subject: Illegal Hill cutting activities in survey numbers 1 to 16 of Bambolim village of Tiswadi Taluka

Dear Madam,

We write to you to bring to your kind notice illegal hill cutting currently ongoing in survey numbers 1 to 16 of Bambolim village in Tiswadi Taluka.

You are requested to act and stop the same.

Thanking you,

         Sd/-

Maggie Silveira

President, Bharat Mukti Morcha,

Goa State Unit

       Sd/-

Sanjay Pereira

Convener, Bharat Mutkti Morcha,

Cacra unit

         Sd/- 

Rohidas Andrade

Convener, Bharat Mukti Morcha,

Bambolim unit

        Sd/-

Soccoro Braganza

Convener, Bharat Mukti Morcha,

Siridao Unit

         Sd/-

Anthony Cardozo

Convener, Bharat Mukti Morcha,

Curca Unit

         Sd/-

Sitaram Pereira

Convener, Bharat Mukti Morcha,

Odxel Unit

      Sd/-

Milind Palkar

Convener, Bharat Mukti Morcha,

Nauxi unit

         Sd/-

Chandrakant Lotlikar

Secretary, Bharat Mukti Morcha,

Siridao Unit

        Sd/-

Deu Kankonkar

Secretary, Bharat Mukti Morcha,

Nauxi Unit

Objection to stationing of mobile towers on truck at Bambolim and Nauxim belt at Hotels Grand Hyatt and Aldeia de Goa due to radiation hazards to villagers

Date: 9^th June  2015

To,

Minister of Environment and Forest,

Government of Goa,

Secretariat, Porvorim, Goa

To,

The Principal Secretary (Environment)

Government of Goa,

Secretariat, Porvorim, Goa

To,

The Member-Secretary,

Goa State Pollution Control Board

Panajim, Goa

To,

Vishnu Surya Wagh,

Member of Legislative Assembly,

St.Andre Constituency, Tiswadi

To,

The Collector (North Goa),

Panjim, Goa

To,

The Sarpanch,

Curca-Bambolim-Telaulim-Nauxim Panchayat, Tiswadi, Goa

Subject: - Objection to stationing of mobile towers on truck at Bambolim and Nauxim belt at Hotels Grand Hyatt and Aldeia de Goa due to radiation hazards to villagers nearby

Dear Madam/ Sir

We write to you to object stationing of two mobile towers at Bambolim-Nauxim belt at Hotels Grand Hyatt and Aldeia de Goa on trucks. It is a well established fact that mobile towers are a source of nuclear radiation hence we urge your immediate intervention to direct both Hotel Grand Hyatt as well as Hotel Aldeia de Goa to dismantle the said mobile towers immediately as the health of the surrounding villagers are exposed to nuclear radiation.

We understand that local Panchayat of Bambolim refused permission to install these mobile towers on ground and over ruling the Panchayat Hotel Grand Hyatt and Hotel Aldeia de Goa has placed mobile towers on top of trucks. 

Moreover Hotel Grand Hyatt being illegal creating such havoc for the common people is not tolerable any more.

This must be stopped immediately as it is radiation hindrance to the people living in this very area. 

 

Your positive and prompt action is expected at the earliest,

Thanking you,

Yours sincerely,

         Sd/-

Maggie Silveira

President, Bharat Mukti Morcha,

Goa State

         Sd/-

Sanjay Pereira

Convener, Bharat Mutkti Morcha,

Cacra unit

         Sd/-

Rohidas Andrade

Convener, Bharat Mukti Morcha, 

Bambolim unit

         

          Sd/-

Soccoro Braganza

Convener, Bharat Mukti Morcha,

Siridao Unit

        Sd/-

Anthony Cardozo

Convener, Bharat Mukti Morcha,

Curca Unit

         Sd/-

Sitaram Pereira

Convener, Bharat Mukti Morcha,

Odxel Unit

        Sd/-

Milind Palkar

Convener, Bharat Mukti Morcha,

Nauxi unit

          Sd/-

Chandrakant Lotlikar

Secretary, Bharat Mukti Morcha,

Siridao Unit

         

         Sd/-

Deu Kankonkar

Secretary, Bharat Mukti Morcha,

Nauxi Unit

        Sd/-

Jeronio D’Souza,

Secretary, Bharat Mukti Morcha,

Siridao Unit

Supreme Court of India declarations and directions for Goa mining

Extracted below are points 70 and 71 containing Declarations and Directions of the Supreme Court Judgment on Goa mining in Goa Foundation v. Union of India delivered on 21^st April 2014. These are key basis for the future of mining in Goa.

71. In the result, we declare that:

(i) the deemed mining leases o the lessees in Goa expired on 22.11.1987 and the maximum of 20 years renewal period of the deemed mining leases in Goa expired on 22.11.2007 and consequently mining by the lessees after 22.11.2007 was illegal and hence the impunged order dated 10.09.2012 of Government of Goa and the impunged order dated 14.09.2012 of the MoEF, Government of India are not liable to be quashed;

(ii) dumping of minerals outside the leased area of the mining lessees is not permissible under the MMDR Act and the Rules made thereunder;

(iii) until the order dated 04.08.2006 of this Court is modified by this Court in I.A. No.1000 in T.N.Godavarman Thirululpad v. Union of India & Ors., there can be no mining activities within one kilometer from the boundaries of National Parks and Sanctuaries in Goa;

(iv) by the order dated 04.12.2006 in Writ Petition (C) No.460 of 2004 (Goa Foundation v. Union o India), this Court has not prohibited mining activities within 10 kilometers distance from the boundaries of the National Parks or Wildlife Sanctuaries;

(v) it is for the State Government to decide as a matter of policy in what manner mining leases are to be granted in future but the constitutionality re legality of the decision of the State Government can be examined by the Court in exercise of its power of judicial review.

And we direct that:

(i) MoEF will issue the notification of eco-sensitive zones around the National Park and Wildlife Sanctuaries in Goa after following the procedure discussed in this judgment within a period of six months from today;

(ii) the State Government will initiate action against those mining lessees who violate Rules 37 and 38 of the MC Rules;

(iii) the State Government will strictly enforce the Goa (Prevention of Illegal Mining, Storage and Tranportation of Minerals) Rules, 2013;

(iv) the State Government may grant mining leases of iron ores in Goa in accordance with its policy decision and in accordance with MMDR Act and  the rules made thereunder in consonance with the constitutional provisions;

(v) until the final report is submitted by the Expert Committee, the State Government will, in the interests of sustainable development and intergenerational equity, permit a maximum annual excavation of 20 million MT from the mining leases in the State of Goa other than from dump;

(vi) the Goa Pollution Control Board will strictly monitor the air and water pollution in the mining areas and exercise powers available to it under the 1974 Act and 1981 Act including the powers under Section 33A of the 1974 Act and Section 31A of the 1981 Act and furnish all relevant data to the Expert Committee;

(vii) the entire sale value of the e-auction of the inventorised ores will be forthwith realized and out of the total sale value, the Director of Mines and Geology, Government of Goa, under the supervision of the Monitoring Committee will make the following payments:

(a)    Average cost of excavation of iron ores to the mining lessees;

(b)   50% of the wages and dearness allowances to the workers in the muster rolls of the mining leases who have not been paid their wages during the period of suspension of mining operations;

(c)    50% of the claim towards storage charges of MPT.

Out of the balance, 10% will be appropriated towards the Goan Iron Ore Permanent Fund and the remaining amount will be appropriated by the State Government as the owner of the ores;

(viii) the Monitoring Committee will submit its final report on the utilization and appropriation of the sale proceeds of the inventorised ores in the manner directed in this judgment within six months from today;

(ix) henceforth, the mining lessees of iron ore will have to pay 10% of the sale price of the iron ore sold by them to the Goan Iron Ore Permanent Fund.

(x) the State Government will within six months from today frame a comprehensive scheme with regard to the Goan Iron Ore Permanent Fund in consultation with CEC for sustainable development and intergenerational equity and submit the same to this Court within six months from today; and

(xi) the Expert Committee will submit its report within six months from today on how the mining dumps in the State of Goa should be dealt with and will submit its final report within twelve months from today on the cap to be put on the annual excavation of iron ore in Goa.

70. With the aforesaid declarations and directions, Writ Petition (C) No. 435 of 2012 is allowed. The Transferred Cases and IA filed by MPT as well as other IAs also stand disposed of. The interim order dated 05.10.2012 of this Court is vacated. These matters will be listed as and when the Monitoring Committee and the Expert Committee submit their final reports and the State Government submits the scheme for the Goan Iron Ore Permanent Fund. The Parties shall bear their own costs.

A.K.Patnaik J.

Surinder Singh Nijjar J.

Fakkir Mohamed Ibrahim Kalifulla J

New Delhi

April 21, 2014

Bharat Mukti Morcha condemns large scale tree cutting in Revora

Bharat Mukti Morcha expresses support to people of Revora, Bardez, Goa protesting against the illegal felling of trees in survey number 22/2 near government primary school complaint to this effect has been filed by Dilip Chodankar with different government authorities including village Panchayat on 22^nd October 2012. News of this protest has been published in the local marathi dailies Lokmat of 26^th October 2012 and Tarun Bharat of 25^th October 2012. This is a serious matter that needs investigation and punishment to those involved in the matter.

This not so isolated incident in Revora has proved that forest in Goa is not just chopped for the open cast iron ore mining but also for many other purposes like putting up building for commercial housing that are beyond the economic reach of the mulnivasi people. Bharat Mukti Morcha maintains that this is a deliberate situation promoted by Bamani rule in the State of Goa in order to push the mulnivasi people of Goa towards poverty and deprivation.