OLD GOA ILLEGAL BUNGALOW CHRONOLOGY

01/01/1968 - Gazette notification with regard to Protected Monument and Protected Area.

17/04/2015 – Application made before Deputy Collector by Govea Pinto for the correction of the survey plan as per the cadastral plan, wherein the area of the old structure is fraudulently shown as 397 sq. mts.

08/05/2015 - Two separate Deeds of Sale executed by Govea Pinto in favor of Mrs. Suvarna Suraj Lotlikar and Manish Munot.

14/07/2015 - Deputy Collector disposes the application filed by Jose Maria Govea Pinto directing the correction of the survey plan as per the cadastral plan, to 397 sq. mts.

07/09/2015 – Application by Govea Pinto to Goa Coastal Zone Management Authority (CRZ) for repair of the structure

11/11/2015 – CRZ conducted site inspection but no measurements were taken.

28/12/2015 – CRZ granted permission/approval to Govea Pinto to reconstruct the existing structure as per the plan attached to his application. The CRZ notes that the area of the house is 397 sq. mts. and does not mention the height of the structure.

11/09/2015 – Govea Pinto approaches the Directorate of Archives and Archaeology, Goa for asking their NOC for repairs. They directed their letter to ASI, Goa.

28/10/2015 - Reply of ASI, Goa to Directorate of Archives and Archaeology, Goa. The said inspection report is enclosed with photographs showing the existing hut and stating that permission cannot be granted for the proposed construction which is entirely new as the same falls within the Protected Area.

13/01/2016 - Govea Pinto applies to TCP for reconstruction

28/03/2016 – TCP Conservative Committee carries out an inspection. The report is not made known. However, only the minutes of the 12th committee meeting are made known. The committee expresses their no objection from a conservation point of view and approves the project subject the applicant obtains the permission from NOC from to National Monument Authority (NMA) prior to commencement of any construction activity.

20/04/2016 – Town and Country planning does a site inspection without inviting the ASI member and wrongly report that the structure is beyond the protected area and proposed construction is located within 300 mts. from the protected monument.

21/06/2021 - Local ASI writes to Conservation Committee that he was not invited for the site inspection and advising that his office is well aware of the jurisdiction of the boundaries. He points out that the site falls within the protected area and NMA is not involved. Permission can only be granted by DG ASI and ask them to study the The Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act).

07/10/2016 - Chief Town planner writes to Deputy Town planner enclosing the letter of ASI and the minutes of the 12 th Conservation committee meeting. He tells the Deputy Town planner that the proposal stands approved subject to compliance of the conditions imposed by ASI.

18.10/2016 - Technical clearance order given by the Deputy Town planner. He disregards all conditions of ASI and grants reconstruction permission. He also mentions that the land use is preservation/conservation and not protected area.

Undated 2017-2018 - Govea Pinto writes to DG ASI seeking permission for repairs of existing house by submitting the approved TCP plan.

19/02/2018 – ASI writes to Govea Pinto stating that the plot is owned by Suvarna Suraj Lotlikar and seeking clarification why Govea Pinto is applying for permission in his name.

13/11/2018 - ASI Delhi forwards Govea application to local ASI

16/11/2018 - Local ASI produces a report with photographs of the existing hut. Photographs clearly show the hut is a ground floor structure made of traditional material.

03/02/ 2020 - Director monuments on behalf of DG ASI gives permission only for repairs not reconstruction and says that it has to be done with cooperation of local ASI. He mentions that the existing height and dimension be maintained.

11/02/2020 – ASI Goa writes to Suvarna Lotlikar that permission was granted only for repairs and permit his staff to visit the site and take photographs/ measurements before starting work or else submit the building plan which has been approved by DG ASI.

19/02/2020 - Suvarna Lotlikar points out that no building plans have been approved by DG ASI. She instead sends plan approved by TCP.

2020 - 12/3/2020, 16/03/2020, 23/3/2020 and 2/06/2020 – Letters by Local ASI to Suvarna Lotlikar demanding to stop work until the site inspection is convened.

August 2020 – writ petition filed against local ASi for harassment to Suvarna Lotlikar and violating orders of his Seniors of ASI Delhi.

22/09/2020 - Order against Local ASI scrapping his letters dated 12/3/2020, 16/03/2020, 23/3/2020 and 2/06/2020. It also pointed out that since the applicant had submitted TCP approved plans and other documents to DG ASI, it is presumed that DG ASI has granted permission in consonance with the TCP permissions.

April 2021 - Save Old Goa committee challenged this order through a Writ petition pointing out that Suvarna Lotlikar misrepresented information when applying for permission that ASI should be the final authority to grant permission and all state permission should be subsequent/ subordinate to the ASI permission. She had also misrepresented permission to the distant of the site to the court.

03/05/2021 – Judgment order given in favor of Suvarna Lotlikar stating that permission given by DG ASI has to be complied.

April 2021 – Suvarna Lotlikar files for contempt against local ASI.

03/05/2021 - Order asks the Local ASI not to interfere provided the follows the permission granted by DG ASI and plans approved by state authorities.

01/06/2021 - Came to notice that Director Monument - Delhi (ASI)  asked Goa ASI circle to take appropriate action by issuing a show cause notice immediately as per the provisions of the Ancient Monuments and Archaeological Sites and Remains Act. 1958 and Rules, 1959 against the applicant to carrying out illegal constructions within the premises of Centrally Protected Monument.

13/7/2021 - Vishal Volvoikar files application to revoke the illegal construction

08/09/2021 - Deeds of Sale executed by Mrs. Suvarna Suraj Lotlikar and Manish Munot in favour of Mr. Sumermal Jain.

01/10/2021 - Two separate Rectification Deeds executed between Govea Pinto, Mrs. Suvarna Suraj Lotlikar and Manish Munot.

25/11/2021 - Urfan Mulla files a complaint against illegal construction to Dy. Town Planner.

30/11/2021 - TCP issues Revocation Order in regards to fraudulent permission by state Department for an illegal construction

30/11/2021 - Panchayat issues Notice cum Stop Work Order as per resolution No. 3(2) dated 30.11.2021

02/12/2021 - TCP revokes Technical Clearance and requests Panchayat to initiate necessary action against the construction as provided under the village Panchayat Raj Act.

02/12/2021 - Panchayat issues Show Cause Notice

23/12/2021 - Police Complaint filed by Govea Pinto stating unknown person has committed forgery by  affixing his signature and thus an offence punishable under Sec. 465 IPC.

27/12/2021 - Revocation Order issued by Panchayat on the grounds of violating CRZ permissions, violating ASI permission etc.

10/02/ 2022 - Demolition Order issued by Panchayat against illegal construction

19/04/2022 - Intervention Application filed in Directorate of Panchayat by 3 groups (Concerned Citizens of Goa, Save Old Goa committee and Adv. Amit Palekar) related to preservation of identity, culture, history, environment and overall protection and welfare of State of Goa. 

J.M.Pinto's police complaint against controversial Old Goa Bungalow

 

Silenced mornings

He was known popularly as Athoji, Anthusio Joseph Pinto, 59. He died on May 5, 2022 after a repeat heart attack in GMC. His first stroke was on May 03, 2022 soon after the feast finding of the Holy Cross on Vanxim Island. 

I spend an hour with him chatting and joking on his hospital bed on May 04, 2022 evening. He shared with me his experience as to how unbearable pain he suffered in his back at home on May 03, 2022  At that time he said he thought he would die called upon Almighty to remember him. His prediction came true two days later and God recalled his life. 

He was joyous that many Vanxim people came to bid farewell to him when he entered the Ambulance as he narrated to me from his hospital bed. And immidiately he extended his right arm in gratitude- sleeping on bed - towards me for visiting him in the hospital. It was warm and affectionate handshake that proved a parting one on the threshold of his entry into eternity. This handshake with joy is a treasure that will remain with me for the rest of my life. 

My relations with Anthusio started a dozen years ago in 2010 rather in hostile context of Vanxim agitation. Hostility over the years subsided and finally ended. Relations then turned friendly with regular communications. I dare to admit that Anthusio found unique niche in the core of my life with the way he conducted himself after my wife Margarida died in June 2021. He would daily visit me mostly early in the morning between 6.30 am to 7.30 am, call me out and inquire about my health and Maggie's Aunty's too. He would rely messages from him mother to Aunty. Then he would visit again in the day with invitations for someone's Litany in the Holy Cross Chapel or some other information. 

What I found most remarkable about him is his sensitivity towards me. After my wife died inner core of my life was shattered. Many contributed towards my recovery and Anthusio is one unique amongst them. On September 08, 2021 at the feast of Nativity of Blessed Virgin Mary I was in Vanxim Church. However due to my intense sorrow surrounding my life I forgot to carry flowers to the feast Mass. At the end of the Mass everyone qued towards alter to offer flowers to Blessed Virgin Mary. Having no flowers I my hand I remained seated on the side of the bench. Anthusio spotted me and extended his hand and shared some of his flowers with me to be offered to the Blessed Virgin Mary. I did take his flowers and with them our relations turned affectionate. He made my feast day meaningful. I was amazed that out of everyone present inside the Church he was sensitive and graceful to share his flowers. I pray to Blessed Virgin Mary that she remembers all his offerings from heart and obtain favour to forgive his sins and guide his soul into Heaven. 

He was instrumental in guiding me through in many other aspects of my life which I wouldn't put in here to avoid making this tribute long. I thank God for his most unexpected presence in my life during my most difficult phase of my life. Surely not a leaf moves without command of God. I am left with awe and admiration to wonders of God as how Anthusio -in spite of all his weaknesses and all my weaknesses- was sent as a bearer of encouragement and hope when I was plunged into discouragement and despair. Thank you Lord for everything you have done through Anthusio as your medium. 

He loved Catholic Church and told me that after he gets discharged from the hospital he would resume his duty of ringing of the bells. Though he looked good and jovial on May 04, 2022 doctors on duty however informed me that he is still in critical phase though better than the previous day. 

There was only one thing on his mind: get back to Vanxim, to care for his Mother and continue his Chapel messenger duties. 

My mornings henceforth would begin without his robust voice calling to me and then my neighbor Lawry. For Lawry and me henceforth every day will have Silent morning interspersed with melancholy of chirping birds. I will have to listen extra attentive if any of the birds whiper from the palms Anthusio's robust voice. 

Lawry cared for him in GMC to the best of his abilities and was with him in his dying moment  and he too will have much to share about life of Anthusio as he witnessed and experienced him. 

I found Anthusio tense after his relative Viviana Marilia Pinto died on May 01, 2022. He came over and informed me about her death immidiately and also opened up and said "I am very rensef on this account." It is now clear that both of them based last moments prior to death on bed no. 01 of Ward no. 143 in GMC. He was shifted to ward 144 bed 12 after he showed improvement before the second heart stroke took him away. He did inquire with me as to number of people came for Viviana's funeral on May 04, 2022 and deeply regretted that he was not able to be present due to his confinement to hospital. 

As we bid goodbye to popular Anthusio with tears let's be particular to pray for his soul: Eternal rest grant unto the soul of Anthusio O Lord, Let the perpetual light shine upon him. May his soul rest in Peace. Amen. 

Anthusio shared trusted in God as he lived amongst us in Vanxim. Jeremiah 17:7 comforts us that Blessed be the man that trusteth in the Lord, and the Lord shall be his confidence. 

May God have mercy on his soul and bestow strength to his family to bear the loss caused. May God help us all in Vanxim to fill the void caused in his death for in his simple yet sensitive ways he touched almost all of us and we all miss him.

Sebastian Rodrigues

Stop purse seine fishing in Zuari now!

Bharat Mukti Morcha is deeply concerned about rising incidents of illegal purse seine fishing in Zuari river over the past week. It has been observed that this kind of destructive fishing going on with close co-ordinatiom with Directorate of Fisheries, Government of Goa. Purse seine fishing is banned in the rivers and within five kilometers from the shoreline due to their destructive impacts.

There has been complete and deliberate promotion of illegal fishing with collision of those engaging in illegal purse seine fishing from Nerul and Vasco with the Director of Fisheries Shamila Monteiro to destroy Zuari river fisheries and the livelihoods of small scale fishers. In fact Monteiro has gory reputation of supporting illegal fishing in Zuari river and was even chucked out of the office in 2017 for this reason by then Minister of Fisheries Palyenkar. Fisheries department was handled ably well by the IAS officers Govind Jaiswal, Secretary to the Fisheries.

Monteiro is bias against the small scale fishers for the reasons best known to her as evident from her tacit support to illegal purse seine fishing in Zuari over the past full week. Disgusting. Monteiro's competence lies in supporting illegal fishing in Zuari. It's shocking yet tragic reality.

Bharat Mukti Morcha holds Shamila Monteiro responsible for all the illegal purse seine fishing going on at Zuari river over the past week. She should be shifted out from Fisheries department as was done in 2017 and charge be given to some other able officer.

Bharat Mukti Morcha calls for complete revamping of Fisheries department with 24 hour Patroling of Zuari river in view of daily illegal purse seine fishing. Patrol boat should be stationed at Dona Paula Jetty rather than at Panjim Jetty for effecting quick response against fishing rights violators namely the purse seine fishing boats.

Bharat Mukti Morcha condemns Police assault on Hanuman Parab

Calls for dismissal of the Police Officials involved in Pissurlem assault on Hanuman Parab

Bharat Mukti Morcha strongly condemns brutal assault against Hanuman Parab from Pissurlem at Valpoi Police Station for espousing the cause of reviving of village agriculture.

A week before the violent turn Pissurlem farmers had petitioned Goa Government to revive village agriculture in ravaged stage by mining industry. However due to State Government's non-response to enforce High Court Order farmers started the protest and stopped transportation of the iron Ore by Sesa Goa-Vadanta company.

Pissurlem was highest paddy growing village in Sattari producing abundance of rice and open cast iron Ore mining over the past some decades has ruined it all, dried all  water sources, pumped dust into lungs, destroyed something that was beautiful.

On March 11, 2022 at around 11.30 am - barely 24 hours after declaration of State Assembly results declaring vistory to Rane couple in Sattari's two seats- Police led by Police Inspector (PI) Prajyot Phadte arrived at the site of the protests at Dhatwada in  Pissurlem, bundled up the around 18 out of 78 protesting farmers, jumbled them into Police vehicles and drove to Valpoi Police Station in just 45 minutes.

At around 12.15 pm - like a baggage - Farmers were unloaded from the Police vehicles and herded inside Valpoi Police Station where Police Officer with rank of Deputy Superitendent of Police based in Bicholim was ready and awaiting the farmers to hostile reception without provisions in law. There was no presence of Divya Rane nor Viswajit Rane at the police station - the two elected MLAs- to support and voice out their outrageous against Police action. Why these MLAs don't support revival of Agriculture in Pissurlem?

The beastly partly began immediately with no more preparations needed. All that was required to push Hanuman to Passion was prepared. PI Prajyot Phadte joined DYSP Sagar Ekoskar with another three policemen and started bashing up Hanuman Parab. They slapped him, threw him on ground kicked him, abused him with filthy words. All this in full public view of the 17 arrested farmers from Pissurlem inside the premises of Valpoi Police Station. Police visualized Hanuman's physical body as football to be kicked by all men in Khaki in a beastly party. And kick, they did. Determined Hanuman at least for the sake of his mother, wife and son at home decided to defend himself and protect his head from Police boots. In the bargain he took Police blows on his hands and exposed ribs. The ingrained pain was enough to ground him home for next five days not even able to get up to file Police complaints. And where will he redress his grievances? Police Inspector and Deputy Superitendent of Police themselves came out as Triumphant criminals holding policing functions? It's ridiculous to the core.

With the declaration of election results passion of people in mining belt has resumed after a decade. DYSP, PI and other police officers did inflict these violent blows on Hanuman Parab to create fear amongst the farmers most of whom are Scheduled Tribes. Fear generation is backbone of governance in mining belt of Goa over the past half century and Police has been the most favored agency of the mining industry to create fear through terror in hearts and minds of affected people. It was done in Sirigao and Mayem in 1970s when farmers protested machinisation of mining industry that pushed digging below water table. It was done in Colomba, in Cavrem, in Advalpal and many other places in Goa.

In the current case of Pissurlem Sesa Goa, a subsidiary company of Vedanta that was feeling threatened with farmers agitation that blocked Ore transportation for just a few days.

Irrespective of who the beneficiary of violence is, we as a civilized society cannot let Police officers of any rank to transform into terror distributors and ring masters. That is not the reason why public tax money is used to pay the salaries of the Police officials. Terror distribution is opposite of normal Police functioning. All those Police officials who participated in beastly party to inflict violence on Hanuman Parab deserves to be dismissed from the service. Ring leader of terror administration DYSP Sagar Ekoskar has built up reputation for violence. We have not forgotten his role in Melaulim agitation in 2021 wherein he dared to step on the breasts of protesting elderly woman while he was then holding rank of Police Inspector. Goa Government instead of dismissing him from the police service awarded him the promotion to the rank of DYSP! We wonder what further promotion awaits to such a man with such heinous acts as we learned from meeting Hanuman Parab shortly after he survived the Police beastly party on his body at Valpoi Police Station. Hanuman's spirit of combat is intact and we support him wholeheartedly to counter catastrophic designs of mining industry.

Bharat Mukti Morcha, calls for immediate dismissal from the service of all the Police officials that administered violence on Hanuman Parab. Two are named above. Remaining officials identities needs to be traced and punished.

Further Bharat Mukti Mukti calls for Judicial investigation into Police assault on Hanuman Parab.

Further Bharat Mukti Morcha supports movements of Pissurlem farmers and all those connected with them in order to revive agriculture in the village.

Further Bharat Mukti Morcha calls for immediate implementation of High Court order to supply required quantity of water from mining pits to cultivate paddy fields and other water needs.


Further Bharat Mukti Morcha calls for physical takeover of all the Mines in Goa from private operators as mining leases expired in 2007 and no renewals are effected.

Further Bharat Mukti Morcha calls upon all the Political Parties operating in Goa to support farmers of Pissurlem in order to revive agriculture in the village.


Further realizing that the root of corrupt government administration in Goa being non-transparency, Bharat Mukti Morcha calls for inclusion of Political Parties within the scope of Right to Information Act through suitable amendment so that finding sources of Political Parties are made transparent and Politics is freed from mining mafia and cartel controls, and corporate greed as currently is the case.

FOR URGENT ATTENTION: Agenda point no. 3.5 for 290th EAC meeting for March 10, 2022 regarding AHOY Marina inside Zuari river at Goa

 ALL GOA SMALL SCALE RESPONSIBLE FISHERIES UNION

190, Nauxim, Bambolim, Tiswadi, Goa. 403 206

March 08, 2022, 



To,


The Chairman and all other Members of Expert Appraisal Committee of the MoEF&CC, Government of India

spiderconch@gmail.com
sukumaranjeyakrishnan@gmail.com
negims84@hotmail.com
sham.wagh@gmail.com
kharemukesh@yahoo.co.in
pachauri1945@gmail.com
drvkjain@hotmail.com
hota.manoranjan@gmail.com
rajesh-cgwb@gov.in
ramana2865@gmail.com
nirmalendu.soi@gov.in
neeraj.crri@nic.in
ad.raju@nic.in
ccb.cpcb@nic.in

Sir/ Madam,


Hello and Warm Greetings of Peace from Goa!


It has come to our attention that proposal from Kargwal Construction Private Limited, Mumbai to set AHOY Marina at fishing predominant Zuari river of Goa by using nomenclature as "MPT WATERS" is listed for the 290th meeting to be held on March 10, 2022. 

It is in this regard that we make this timely intervention to let you know that each one of you are invited to visit us at Zuari river where we do our fishing activities. This will enhance your expertise before taking any further action to grant Terms of References to Kargwal Constructions Private Limited to move ahead with another EIA Study.

Kargwal Constructions Private Limited has already prepared EIA study and that was put out to hold Public Hearing through Goa State Pollution Control Board that did not take place and matter is pending before Goa Bench of Bombay High Court.

All Goa Small Scale Responsible Fisheries Union calls for scrapping of Marina project in Zuari river at Nauxim Goa on following grounds:

 1. Lease deed of Kargwal constructions private Limited and Mormugao Port Trust (MPT) dated 12/10/2010 for approximately 1,00,000 square meters of water front of Zuari river for 30 years at the rate of Rs.4.87 per square meter per month is ill conceived from the beginning by vested interests to expel fishers from Zuari river and trigger food insecurity.

 2. The lease agreement doesn't even acknowledge existence of fishing activities in Zuari river even though its permitted by Goa Fisheries department.

 3. The lease agreement that is based upon the decisions of MPT that has ignored fishing activities in Zuari River as evident from their minutes. The sole criteria cited in the minutes to lease out Zuari River without consulting local traditional fishers is to generate incomes for MPT even if that requires expulsion of fishing activities.

4. The lease agreement that is based upon the Ports Land Policy prepared by the Union ministry of Shipping is based on unjust principles that ignore fishing activities in Zuari river.

5. The Union government wrongly claiming and asserting its Jurisdiction over Zuari river and bestowing powers to MPT through a gazette notification of May 24, 2000 was done in an unethical manner without consulting with communities who are involved in fishing inside Zuari river for time immemorial. The consequences of such a nefarious act are the expulsion of fishing communities from Zuari River. All notifications of Central government extending MPT jurisdictions over Zuari River must be immediately withdrawn to avoid expulsion of fishers from Zuari River.

6. The ecological dangers of Marina to marine ecology are officially placed on record by Goa Bio-diversity Board in case of neighboring Yatch Haven marina by Chowgules inside Zuari River on Sancoale river front. Same report are relevant to Nauxim Marina too.

7. Fishing communities are opposing marina at Nauxim based on their wisdom accumulated over the centuries. As per their understanding Marina project at Nauxim will destroy both human habitat at river coast as well fish habitats in Zuari River. Fisheries will suffer to an unimaginable extent.

8. The understanding of fishers that it will destroy fisheries is confirmed by the impact quantification calculations presented in the EIA report prepared for Nauxim marina and put out in public domain by Goa State Pollution Control Board.

9. The joint reading of Tables 5.2 and 5.9 of the AHOY Marina EIA reveals that Fisheries in Zuari River will have permanent negative impact of the nature that is major, long-term and irreversible. Fisheries can be destroyed in this manner only if marine environments are destroyed and the cited tables do indicate major long term negative impacts to marine environment. We do not desire this to happen to our Zuari river fisheries.

10. The laws and policies of India that provide powers to Ports overriding the existing fishing activities are based upon unethical foundations of injustice, inequality, impoverishment, livelihood destruction, damage to marine ecology and promoting food insecurity. These laws and policies needs to be done away with urgency.

11. AHOY Marina at Nauxim is combined assault on livelihood of fishing communities from several Coastal villages on Zuari river northern and southern bank and on food security of several people who are dependent upon fish as an ingredient of their food.

12. Ignoring all the above points on October 05, 2020 Kargwal Constructions private limited from Sion, Mumbai has filed Writ of Mandamus at the Goa Bench of Bombay High Court against State of Goa. Writ has called upon the Court to determine (a) whether Public Consultation is required as it is mandatory requirement by law, and (b) whether indefinite postponement of environmental public hearing in case of "Ahoy Marina" at Nauxim is unjust to the project proponent.

13. As the last 12 years of public struggle has ensured non-enforcement of marina at Nauxim it is now urgent that the project be scrapped totally by cancellation of the lease deed itself rather than put the issue languishing for further litigations causing tensions and unrest to the fishing communities of Goa.


The call of the fishing communities of Goa is complete abandonment of Marina project at Nauxim village and all the neighboring villages of Bambolim, Siridao, Agassaim, Cacra, Odxel, Marvel, Dona Paula, Caranzalem, Sancolale, Chicalim as well as Vasco municipal limits localities like Khariavaddo are going to face violations of the right of livelihood.


You are therefore called upon to act decisively on the above matter. We wish to let you know that installing of Marina at Nauxim water front is an open assault against livelihoods of fishing communities of Goa and we have resisted the same for dozen years. MPT/ MPA has not manufactured Zuari river to claim its Jurisdiction and to lease it to whimsically to anyone of their choice by ignoring fishing communities actively carrying on our livelihood practices. 


We therefore advise you to refrain from issuing any Terms of Reference to the Project proponents - Kargwal Constructions Private Limited to conduct any further EIA Study and outright reject their File no. 10-38/2016-IA.III coded as proposal no. IA/GA/NCP/257252/2022 that is listed on the agenda of the meeting at point 3.5.


From the begining AHOY Marina is death knell to fisheries of Goa and you are urged to heed to our call. Do contact us anytime for any further queries if required,  we will be eager to co-operate to get to AHOY Marina scrapped. 

Thank you all.

Yours sincerely,



Sd/-
Shaila D'mello
President

M: 9765843743



Sd/-
Laximan Mangueshkar,
Secretary

M: 8888401385


Sd/-
Dr. S.A. Rodrigues
delegate to National Platform for Small Scale Fish Workers, representing All Goa Small Scale Responsible Fisheries Union.

M: 9923336347

Increase subsidies for Fishing cannoes

 ALL GOA SMALL SCALE RESPONSIBLE FISHERIES UNION  

190, Nauxi, Bambolim, Tiswadi, Goa. 403 206

______________________________________

Date: 22/10/2021

To,  

The Minister of Fisheries,

Government of Goa,

Secretariat,

Porvorim, 

Goa

Subject:  Regarding increase in Petrol Subsidies for Fishing cannoes 

Sir,  

Due to rising inflation and increasing cost of living we are constrained to address this petition for your urgent attention with following request: 

1. Petrol subsidies for canoes in Goa be increased from Rs. 51,000/- to Rs. 65,000/-. 

Awaiting your urgent action to increase above cited Petrol Subsidy. 

Thanking you,  

Yours sincerely,

Shaila D'mello

President 

Laximan Mangueshkar,

Secretary

Copy to:  

1. Director of Fisheries, Panjim, Goa 

2. Convenor, National Platform for Small Scale  Fish Workers 

Deletion of Goa's six rivers as National Waterways

 ALL GOA SMALL SCALE RESPONSIBLE FISHERIES UNION  

190, Nauxi, Bambolim, Tiswadi, Goa. 403 206

______________________________________

Date: 22/10/2021

To,  

Shri Shripad Yesso Naik,

Union Minister of Shipping, National Waterways and Ports

Government of India

Old Goa, 

Goa

Subject:  Regarding deletion of Goa's rivers as National Waterways 25, 27, 68, 71, 88 and 111 by Government of India

Sir, 

We write to you to invite your attention to declaration of six Goa's rivers as National Waterways by Government of India through National Waterways Act 2015. This decision was taking without consulting and prior informing fishing communities dependent upon these rivers (Chapora, Mapusa, Mandovi, Zuari, Cumbharjua and Sal) for our livelihoods. 

We urge you to get Parliament to delete Goa's above cited rivers through Ammendment to National Waterways Act 2015. 

Thanking you,  

Yours sincerely,

Shaila D'mello

President 

Laximan Mangueshkar,

Secretary

Copy to:  

1. Director of Fisheries, Panjim, Goa 

2. Convenor, National Platform for Small Scale  Fish Workers 

Dangerous Consequences of incuding Mormugao Port Trust under Major Port Authorities Act 2021

 ALL GOA SMALL SCALE RESPONSIBLE FISHERIES UNION  

190, Nauxi, Bambolim, Tiswadi, Goa. 403 206 

______________________________________

Date: 22/10/2021

To,  

Shri Shripad Yesso Naik,

Member of Parliament (Lok Sabha) from North Goa,

Union Minister of Shipping, National Waterways and Ports

Government of India

Old Goa, 

Goa 

To, 

Shri Fransisco Sardinha,

Member of Parliament (Lok Sabha) from South Goa, 

To, 

Shri Vinay Tendulkar,

Member of Parliament ( Rajya Sabha) from Goa

Subject: Dangerous consequences for Goa due to inclusion of Mormugao Port under Major Port Authorities Act 2021 

Sir, 

Government of India through an extraordinary issue of Gazette of India (Part II, Section 1) dated February 18, 2021 has published Major Port Authorities Act 2021 after receiving assent of the President of India on February 17, 2021. Passing of this law without consulting Goa's fishing communities and public has posed major dangers to Goa, its fishing based livelihoods and other ramifications because of the following reasons: 

1. Section 1 (3) has has included Mormugao Port where in this law will be made applicable within 90 days of its passing. That means this law will take effect from May 20, 2021. 

2. Section 2(1)(y) has definition of "port limit". Draft Coastal Zone Management Plan (CZMP) has marked several patched inside Goa's rivers as "port limit" there by creating grounds to attract application of Major Port Act, 2021. Definition under section 2 (1) states " Port limit in relation to a major port, means the limits including any piers, jetties, landing places, wharves, quayside, docks and other werks made on behalf of the Public for convenience of traffic, for safety of vessels or for the improvement, maintenance or good governance of the Major Port and its approaches whether within or without high water mark, and subject to any right of private property there in, any portion of the shore or bank within fifty yards of high-water mark and the area of such Major Port as may be determined by the Central Government by way of notification from time to time." 

3. Section 25 empowers Board of each major port covered under this law to prepare it's own master plan "in respect of any development or infrastructure established or proposed to be established with the port limits and the land appurtenant thereto and such master plan shall be independent of any local or State Government regulations of any authority whatsoever : Provided that in case of any conflict between the master plan created by the Board and any local authority, the master plan created by the Board shall prevail." 

4. Section 22(3) states "The Board of each Major Port may erect, construct or build such civil structures for port development or improving commerce and trade in national interest for which no regulatory license or approval from the State authorities shall be required, unless so mandated by the Central Government. " The Panchayats, Municipalities and even Government of Goa is divested of all the decision making powers within port limits which draft CZMP has spread out far and wide needlessly to facilitate notification of port limit by Central government. Even M.L.A roles will become redundant with all the powers concentrating in the hand of Board of Major Port. 

5. Section 23 is dealing with acquisition of land that is known in legal terms as immovable property. This provision states "Where any immovable property is required for the purpose of the Board, the Central Government or as the case may be, the State Government may, at the request of the Board, procure the acquisition thereof under the provisions of Right of Fair Compensation and Transparency Act, 2013 or any other law for the time being in force, and on payment by the Board, the compensation awarded under that Act and of the charged incurred by the Government in connection with the proceedings, the land shall shall vest in the Board". Its land outside the port limit. Land within port limits automatically comes under Board Jurisdiction after central government notification. 

6. Section 21(a) states "The Board of the Major Port Authority shall be the successor of the Board of Trustees constituted under the Major Port Trusts Act, 1963." 

7. Section 75 (1) states "The Major Port Trusts Act, 1963 is hereby repealed." 

8. The Board of Major Port Authority according to Section 3 (1) consists of Chairman, Deputy Chairman, One member each from Concerned State Government, Ministry of Railways, Ministry of Defence, and Customs, Department of Revenue. Not less than two and not exceeding four Independent Members. One Member -not below the rank of Director - nominated by the Central Government, ex officio; and two Members representing the interests of the employees of the Major Port Authority." Local Panchayats, Municipalities, MLAs has no powers to appoint Members to the Board of Major Port Authority. 

9. Section 4 (1) States "The Chairperson and Deputy Chairperson of the Board shall be appointed by the Central Government on the recommendation of a select committee consisting of such manner, as may be prescribed." There is no transparency as to who and how select committee itself is formed. 

10. Section 3(2) makes Major Port autonomous and allows it to function as a landlord. The provision of this section states "The Board of each Major Port Authority under this Act shall be a permanent body having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold or dispose of property, both movable and immovable, and to contract, and shall by the said name sue or be sued." 

This Law passed in the Parliament of India and assented to by the President of India is draconian and oppressive designed towards Blue grab of Goa's coastal area, riparian area and even the hinterlands. Constitution of India under Article 51-A (g) empowers citizens as a fundamental duty "to protect and improve the natural environment including forests, lakes, rivers, wild life, and to have compassion for living creatures." Major Port Authorities Act, 2021 is an anti-thesis of above cited Article 51-A(g) as it is designed - besides destruction of political institutions of democracy - ecocide of Goa's ecology by promoting various lethal coastal disruptions as they will be covered up as in "National Interest" as provided under section 22(3). 

In exercise of Fundamental Duty under Article 51-A(g) you are requested to pay attention to points raised above, express your dissent publicly and communicate your views to the Minister of Ports, Shipping and Waterways, Government of India, Member of Lok Sabha and Rajya Sabha. For the safety of Goa, its democracy and ecology Mormugao Port must be excluded from the applicability of Major Port Authorities Bill, 2021. People of Goa are not consulted before passing of this draconian law just the way we were not consulted before passing of National Wayetways Act 2016 wherein six rivers of Goa were included as National Waterways. 

Industrialization of Rivers, Industrialization of our Coasts are not Good for us in Goa. Major Port Authorities Act, 2021 is meant to usher in intensification of Industrialization of Goa's coast to facilitate another Ecologically disastrous project named Sagarmala, marinas at Nauxim and Sancoale, coal handling, construction of fresh jetties, double tracking of Railway tracks connecting port, decimation of western Ghats forest at Mollem etc. 

No nation can prosper by destroying the foundation of Economy. Foundation of Economy is ecology. It is in the national interest that Goa's ecology is protected at all costs from Major Port Authorities Act, 2021. 

We call upon you to speak up fearlessly. communicate boldly, articulate clearly and get Parliament of India to go for ammendment to delete Murmagao Port Trust from Major Ports Act 2021. 

Thanking you,  

Yours sincerely,

Shaila D'mello

President 

Laximan Mangueshkar,

Secretary

Copy to:  

1. Director of Fisheries, Panjim, Goa 

2. Convenor, National Platform for Small Scale  Fish Workers 

Petition to Goa MPs on draft Indian Marine Fisheries Bill 2021

 ALL GOA SMALL SCALE RESPONSIBLE FISHERIES UNION  

190, Nauxi, Bambolim, Tiswadi, Goa. 403 206 

______________________________________

Date: 22/10/2021

To,  

Shri Shripad Yesso Naik,

Member of Parliament (Lok Sabha) from North Goa,

Union Minister of Shipping, National Waterways and Ports

Government of India

Old Goa, 

Goa 

To, 

Shri Fransisco Sardinha,

Member of Parliament (Lok Sabha) from South Goa, 

To, 

Shri Vinay Tendulkar,

Member of Parliament ( Rajya Sabha) from Goa

Subject: Regarding withdrawal of Indian Marine Fisheries Bill 2021 

Sir, 

In a rare exhibition of bureaucratic agility the Department of Fisheries of the Government of India in the Ministry of Fisheries, Animal Husbandry and Dairying, had brought in Indian Marine Fisheries Bill 2021 (IMFB 2021) just a few days before the last monsoon session of the Parliament and had been hell bent to pass it in that very session. The bill was supposed to provide a legal instrument to regulate and 

manage marine fishing in the Indian EEZ (200 nautical miles or 370 kilometres) beyond the territorial waters (12 nautical miles or 22 kilometres) and the high seas. Widespread disapproval of both the undemocratic procedure and anti small scale fisheries content of the bill has compelled the Government of India from pushing the bill through the last parliamentary session. But the bill may be put up in the next 

session. 

The IMFB 2021 has been drawn in a totally undemocratic process. Small scale marine fishing communities, by far the largest primary stakeholders, have been completely ignored. They were not even informed that the Government is going to make an Act to regulate and manage their livelihood activity. 

This blatantly violates the minimum constitutional standards and ethical principles (‘nothing about us without us’) for adoption of legislation for any section of citizens. The highhanded procedure has hurt the 

dignity of the fishing communities. The small scale fishing communities disdainfully reject IMFB 2021 because - did not ask for it, did not draft it, were not consulted on it and have not approved it. 

The procedure of making IMFB 2021, in ignoring the governments of coastal states, has violated

the constitutional principle of constructive federalism. 

Moreover, the bill has –

 Failed to reiterate adherence to the overarching principles like subsidiarity, participatory 

governance, gender justice, inter-gnerational equity and precautionary principle enshrined in the National Policy on Marine Fisheries 2017; 

 Wrongfully defined ‘Small Scale Fisheries’. All kinds of fishing boats including manual, motorised and mechanised are included in the small-scale fisheries in the present bill. This means that trawlers, purse seiners and other large fishing boats will be treated as small scale. 

This is going to preclude the right of actual small-scale fishers to preferential access to fish resources and other entitlements regarding finance, infrastructure and welfare. 

 Failed to ensure the right of participation of the small-scale fishers in the framing of rules and 

constitution of bodies to be made for the execution of the proposed act which include – Monitoring Control and Surveillance, measures for promotion of livelihoods and socio-economic well-being of traditional and small-scale fishers, Marine Fisheries Development and Management Plans, Marine Fisheries Policy, ‘Consultative Committee’ for policy guidance and adjudication of violations. 

 Failed to provide guidelines for consideration of available resource and capacity of fishing with application of scale subsidiarity in licensing of fishing boats that would ensure control and 

reduction of the number and effort of larger fishing boats to stop over fishing; 

 Failed to provide statutory guidelines for migrant and vessel crew fish workers who are at work on larger vessels and fishing efforts.  The Government of India in the Department of Fisheries is in a hurry to push through the bill because World Trade Organisation (WTO) is threatening to stop all subsidies to and impose sanctions on the IUU (illegal, unregulated and unreported) fishing. Absence of statutory instrument to approve, regulate and 

account for the fishing effort and catch in the Indian EEZ made it fully exposed to the threat of being designated as IUU fishing and face the consequences of WTO sanctions including the fisheries subsidies. 

The threat is imminent as the WTO negotiations on fisheries subsidies are at their final stage.

It is obvious that not the urge to protect the small scale fishers, but to continue to protect the interests of the large scale fisheries entrepreneurs is behind this hurried drive to bring in the legislation. 

WTO sanctions on the trade and export of fish as well as on the fisheries subsidies are going to hit the large scale fisheries entrepreneurs the most as they are almost the sole, if not the sole, beneficiaries of these. The hidden objective of the Ministry in bringing up the instant legislation is also evident from the fact that they have designated almost all kinds of fishing in the EEZ as small scale glossing over the universally 

recognised distinctions and conflicts between the small scale subsistence fishing and large scale commercial fishing. 

Small scale fishers do not want subsidies; they want to get back their fisheries which have been forcibly taken away by the large scale fishing entrepreneurs with the connivance of the government. 

The small scale marine fishing communities of the country demand – 

 Immediate withdrawal of IMFB 2021; 

 Sincere effort on the part of the Government of India to initiate a process of comprehensive and 

inclusive consultation with the marine fishing communities all around the country’s coast to 

draw a draft bill for managing and regulating marine fishing; 

 Ensure availability of the draft bill in all the languages of Indian coastal fishing communities; 

 Place the bill in the parliament only on approval of the fishing communities and their 

organisations. 

SAVE WATER, SAVE FISH, SAVE FISHER PEOPLE 

Thanking you,  

Yours sincerely,

Shaila D'mello

President 

Laximan Mangueshkar,

Secretary

Copy to:  

1. Director of Fisheries, Panjim, Goa 

2. Convenor, National Platform for Small Scale  Fish Workers