Date: 09th December 2015
1.
To,
The Principal Secretary (Environment) &
Chairman (GCZMA),
Government of Goa,
Secretariat, Porvorim, Goa
|
2.
To,
The Collector (North Goa)
Panjim, Goa
|
3.
To,
The Member-Secretary,
Goa Coastal Zone Management Authority (GCZMA),
Panjim, Goa
|
4.
To,
The Superintendent of Police,
Crime Branch, Ribandar, Goa
|
5.
To,
The Deputy Collector & S.D.O (Tiswadi)
Panaji, Goa
|
6.
To,
The Secretary & Commissioner (Ports)
Secretariat, Porvorim, Goa.
|
7.
To,
The Captain of Ports,
Panjim, Goa
|
8.
To,
The Director General of Police,
Panjim, Goa
|
Subject: GCZMA collaboration
in Pontoon fraud in river Mandovi
Dear Madam / Sir,
We had filed our
objections dated 15th May 2015 and 19th June 2015 to the
permissions granted to M/s Ozone Leisure and Resorts Pvt. Ltd to construct
floating pontoon in Mandovi by Goa Coastal Zone Management Authority (GCZMA) as
well as Captain of Ports Department based on minutes of 113th
meeting of GCZMA held on 26th February 2015.
Based on our complaint
dated 19th June 2015 Goa Costal Zone Management Authority (GCZMA)
carried has filed reply to us declining to proceed ahead with our complaint.
The reply dated 24th November 2015 signed by Srinet N. Kothwale
states that Technical officer of GCZMA carried on site inspection of the site
at Panelim, Tiswadi and found that there is no construction of Pontoon Jetty
was in progress on the day of the inspection carried on 19th October
2015. The site inspection report also notes that construction of jetty has
permission from GCZMA with reference no. GCZMA/TIS/PANE/11-12/07/2184.
We are thankful for the
reply given to us. We are also thankful for the site inspection carried on and
report submitted by technical officer Mr. Fletcher Fernandes. However we wish
to place on record three things:
Firstly, in our
complaint we did not allege any construction of the Pontoon Jetty at Panelim,
Tiswadi. So the site inspection report of Fletcher Fernandes stating that “No
ongoing work was found during the time of site inspection” does not change the
status of our complaint as we have never claimed that there is construction of
Jetty.
Secondly, our complaint
of the fraud pertains very specifically to the processes that are followed in
granting permission for the construction of the Jetty by Goa Coastal Zone
Management Authority (GCZMA) with reference no. GCZMA/TIS/PANE/11-12/07/2184.
Hence the status of our complaint remains unchanged even though GCZMA has
refused to proceed ahead with the complaint. By this GCZMA has turned its
status into active collaborator of the fraud.
Thirdly, Srinet N. Kothwale,
Member-Secretary (GCZMA) has not refuted a single statement of our complaint on
the fraud in procedures followed to arrive at the granting of permissions to
construction of Pontoon Jetty at Panelim, Tiswadi to M/s Ozone Leisure &
Resort Pvt. Ltd.
The way this complaint
has been handled raises serious suspicions on the way GCZMA is functioning. The
nature of the fraud is visible as it has unfolded and can be best described
through a well known Latin Maxim “Res
Ispa Loquitor” which means the crime committed is so evident that it is
visible to everyone. We are not how it not visible only to the
member-secretary, GCZMA. It is a matter of serious concern that GCZMA has
stooped to down fraud state of functioning for reasons unknown to us but it
seems insane of functioning.
Bharat Mukti Morcha
calls for detail EIA report as well as Public Hearing on this and approvals
granted to Pontoon Jetty construction by GCZMA as well as Captain of Ports must
be revoked with immediate effect as it is nothing more than fraud.
We repeat the text of
our complaint dated 19/06/2015 to you yet again with suggestion to proceed with
action on the points raised even though there is no on ground construction of
Jetty at Panelim, Tiswadi.
Now we wish to bring to
your notice the following discrepancies in the process of granting of these
permissions:
1.
On behalf
of Ozone Leisure and Resorts Pvt. Ltd on 27th April 2011 Yulette C.
Coutinho, manager-legal made a letter to Captain of Ports, Panjim asking for
the repairs of an existing Jetty under Survey No. 2/5 at Panelim, Old Goa. Ms
Coutinho has put in writing that she was not aware as to when Captain of Ports
had issued license to construct the same and Captain of Ports was requested to
search for Jetty Registers in the names of Nirmitee Holdays Pvt Ltd., Aishwarya
Resorts Pvt. Ltd. and P & P. Hotels Pvt. Ltd. On behalf of Ozone Leisure
and Resorts Pvt. Ltd Ms Coutinho, the Authorised signatory expressed the desire
to continue to use and operate the existing Jetty. Captain of Ports did not
reply to this letter nor Expert member of GCZMA Dr.Antonio Mascarenhas noted
existence of such a Jetty in his site inspection report carried out on
10/10/2014.
2.
Nine month
and ten days later on February 6th 2012 Bruno Ferrao, Manager-
Administration, Ozone Leisure and Resorts Pvt. Ltd again made another
application to the Member-Secretary, GCZMA seeking permission for putting up
Floating Pontoon in river Mandovi adjacent to plot bearing survey no. 2/5
(Part) situated at Panelim, Old Goa. In this letter again Mr. Ferrao claims
that “the said pot had an existing jetty which is presently in a dilapidated
condition and hence we intend to put a temporary Floating Pontoon at its
place.” Again it must be noted that an Expert member of GCZMA Dr.Antonio
Mascarenhas in his report of site inspection on 10/10/2014 neither records
existence of any pot nor an existing Jetty in dilapidated conditions at plot
bearing survey no. 2/5 at Panelim. In this letter Bruno Ferrao also gave reference
to likely siltation and damage to surrounding “The Floating Pontoon will be a
temporary structure and will not cause any siltation or damage to the
surroundings.” On what basis has Bruno Ferrao claimed that pontoon will not
cause siltation or damage the surroundings? What study has he conducted on
behalf of Ozone Leisure and Resorts Pvt. Ltd to put up such claims in writing?
If Ozone Leisure and Resorts Pvt. Ltd has carried out the studies to this
effect then why were they not disclosed? Now it looks Bruno has made such
claims without any basis and hence this application of 6/2/2012 is a fraud and
all the approvals granted by GCZMA are fraud too. This fraud is confirmed from
the Expert Member of GCZMA Dr. Antonio Mascarenhas’ observations recorded in
the 113th meeting of the GCZMA held on 26th
February 2015 (case no. 7.5, page 32) as “Any structure within river is bound
to cause upstream and / or downstream erosion and / or accretion.”
3.
It is hence
truthful that there is no existing Jetty in dilapidated condition as claimed by
Ozone Leisure and Resorts Pvt. Ltd as this fact has not been confirmed by
Captain of Ports nor by member-secretary GCZMA. This is completely fraud.
4.
Based on
this fraud correspondence Ozone Leisure and Resorts Pvt. Ltd Vice-President –
Business Development Gajanan Karkare on 21st February 2013 wrote to
The Principal Secretary (Environment), Government of Goa who is also the
Chairman, GCZMA to consider the application of Bruno Ferrao on behalf of the
company -and cited above – to provide Ozone Leisure and Resorts Pvt. Ltd the
permission / NOC for the proposed construction of the floating Pontoon Jetty in
river Mandovi adjacent to Plot No.2/5 at Panelim, Old Goa.
5.
On 20th
June 2014 the above mentioned Gajanan Karkare, Vice-President – Business
Development, Ozone Leisure and Resorts Pvt. Ltd again wrote to
Member-Secretary, GCZMA asking for permission / NOC for the proposed
construction of the floating Pontoon jetty in river Mandovi adjacent to Plot
survey No.2/5 at Panelim, Old Goa with application dated 6/2/2012 of Bruno
Ferrao as the basis.
6.
The effect
of this process of fraud Dr.Antonio Mascarenhas, and Expert Member of GCZMA in
his inspection report of 10/10/2014 noted that “Such activities need an EIA
from competent authorities as stipulated in the CRZ 2001 rules.” This expert
observation has been sidetracked and approvals granted by GCZMA as recorded in
minutes of its 113th meeting held on 26/02/2015. As we have already
mentioned in our last letter we re-assert that this is fraud that will lead to
very serious consequences including call for high level investigations.
7.
Bharat
Mukti Morcha therefore calls Goa Coastal Zone Management Authority (GCZMA) to
revoke its approval for floating Pontoon jetty in the area adjacent to plot
bearing Survey no.2/5 Panelim village, Old-Goa, Tiswadi Taluka dated 04/03/2015
granted from CRZ point of view vide letter GCZMA/TIS/PANE/11-12/07/2184 granted
to Ozone Leisure and Resorts Pvt. Ltd.
8.
Bharat
Mukti Morcha calls upon Captain of Ports to revoke the NOC dated 29/01/2013
granted for Construction of floating Pontoon jetty in river Mandovi adjacent to
Plot survey No.2/5 at Panelim, Old Goa vide letter No.I-11017/Floating
Pontoon/Panalim/476 to Ozone Leisure and Resorts Pvt. Ltd.
9. Bharat
Mukti Morcha considers this approval to M/s Ozone Leisure and Resorts Pvt. Ltd
to construct 18 meters long and 10 meters deep floating Pontoon Jetty in Old
Goa as fraud as the observation of
Expert Member Antonio Mascarenhas to carry on Environmental Impact Assessment
(EIA) under CRZ 2011 rules before construction has been over looked and the
transcripts of the “detailed discussion and due deliberations” held during the
meeting are not recorded in the minutes of the 113th meeting of
GCZMA.
10. Bharat
Mukti Morcha calls for detail EIA report as well as Public Hearing on this and
approvals granted to Pontoon Jetty construction by GCZMA as well as Captain of
Ports must be revoked with immediate effect as it is nothing more than fraud.
Anticipating your quick
action,
Thanking you,
Yours sincerely,
