File SEZ pleas by May 7, HC directs petitioners

28 Apr 2009, 0242 hrs IST, TNN
PANAJI: The high court of Bombay at Goa on Monday directed all advocates appearing in petitions relating to special economic zones (SEZs) in the state to finish filing and finalise exchanging their pleadings by May 7, 2009.
A division bench of Justice B P Dharmadhikari and Justice U D Salvi made it clear that "no further adjournments would be granted". They further suggested that the petitions could be taken up for final disposal in June this year.
The court was hearing petitions filed by six SEZ promoters who have challenged the show cause notices issued by the Goa Industrial Development Corporation (GIDC).
The notices direct the promoters to stop work and revert the land allotted to them by the state government, in view of a change in the state's SEZ policy.
The promoters Meditab Specialities Pvt Ltd., Peninsular Pharma Research Centre Pvt Ltd, Paradigm Logistic & Distribution Private Ltd, Planetview Mercantile Company Pvt Ltd, Inox Mercentile Company Pvt Ltd and Maxgrow Finlease Pvt Ltdhave pleaded in their petitions that as they have invested heavily in the SEZ projects, they suffered huge losses due to the stop work orders issued by the state government. They prayed that the notices be quashed.
Goa Industrial Development Corporation had acquired about 3.8 million sq m of land across the state to set up SEZs. Following large scale opposition from locals to the special economic zones in 2007-08, the state was forced to rethink its policy and subsequently issued show cause notices through the GIDC.
Meanwhile, the court will, on May 7, also hear various public interest litigations filed by the villagers of Keri, Sancoale and Verna challenging the GIDC's decision to allot land in their respective villages on lease agreements for SEZs.
The villagers have complained that the land was allotted fraudulently and without public involvement in the land allotment process.

Complete pleadings by May 7, SEZ firms told
HERALD REPORTER PANJIM, APRIL 27

The Bombay High Court at Goa on Monday directed that filing and exchanging of pleadings pertaining to petitions on Special Economic Zone (SEZ) be completed by May 7, 2009.Declining to adjourn the hearing after vacations, the High Court asked counsels appearing for SEZ companies to complete the pleadings by May 7.

The Division Bench of Justices B P Dharmadhikari and U D Salvi made it clear that no further adjournments would be granted. The petitions are likely to be taken up for final disposal after vacations.

The SEZ promoters - Meditab Specialities Pvt Ltd, Peninsular Pharma Research Centre Pvt Ltd, Paradigm Logistic & Distribution Private Ltd, Planetview Mercantile Company Pvt Ltd, Inox Mercentile Company Pvt Ltd and Maxgrow Finlease Pvt Ltd, are before the High Court. They have challenged the show cause notices issued to them by Goa Industrial Development Corporation (GIDC) for withdrawing the land allotted in industrial estates.

The GIDC decided to take back the land allotted after the State Government reversed its decision of allowing SEZs in Goa when it realized that people will oppose SEZs tooth and nail. It was the first major decision of chief minister Digambar Kamat despite having pro-SEZ ministers in the cabinet.

The GIDC has come under cloud over allotment of to SEZ developers . – it has been directly indicted in Comptroller and Auditor General (CAG) report. The CAG has revealed poor financial management and irregularities conducted by GIDC in allotment of land. Deficiencies and irregularities resulted a loss of Rs 127.25 crore to the Corporation, says the report Allotment of land to SEZ projects was blatantly irregular. The Corporation allotted 38.41 lakh sq meter land for setting up seven SEZs at three of its industrial estates at Verna, Sancoale and Keri.Contention of the petitioners is that as they have invested heavily in SEZ projects and suffered huge losses due to the stop work orders of the government.

On the other hand a couple of Public Interest litigations (PILs) filed by villagers of Keri, Sancoale and Verna, challenging GIDC’s decision to allot land in their respective villages on lease agreements to SEZs stakeholders, are also pending before the High Court. Their charge is GIDC fraudulently allotted land to SEZ developers.

SVM demands registering FIR against IDC directors

SVM demands registering FIR against IDC directors
Challenges GCCI president on employment of Goans
HERALD REPORTER
PANJIM, APRIL 13
Citing the report of Comptroller and Auditor General, SEZ Virodhi Manch on Monday pressed for the much-awaited registering of the FIR against those in the Goa Industrial Development Corporation who are responsible for the alleged and fraudulent process of land allotment for SEZs in Goa.
Addressing a press conference in the city Monday, SVM Convenor Charles Fernandes said the stand of SVM had been vindicated as the CAG report had exposed the fraudulent process of land allotments by the GIDC. The CAG report has observed: No system exists to assess the requirement in accordance with any specific project of its own or local demand of industries and allotments are made without any transparent selection procedures. Audit noticed irregularities in 86 allotments (46.24 lakh sq m) involving loss of revenue of Rs 102.64 crore.
Charles said since October 22, 2007, complaints were filed at various police stations against the fraud backed by documents procured under RTI from the GIDC to uncover the big scam. At the same press conference today, SVM strongly condemned the reported statements made by Goa Chamber of Commerce and Industry President Nitin Kuncolienkar who criticised Goans for opposing the SEZ fraud.
Social activist Pravin Sabnis, who was present, alleged that Kuncolienkar was very much a part of the process of land allotments for SEZs which in reality was a real estate scam.
SVM has challenged the GCCI president to publish the percentage of Goan youth employed in the 22 industrial estates existing in the State before favouring more industries.
It further challenged Kuncolienkar to do away with the contract labour system and regulated the minimum wages in the existing industrial estates.
Convenor of Jagrut Goem Aravind Bhatikar, who remained present at the briefing, also took potshots at GCCI. General Secretary of Council for Social Justice & Peace Fr Maverick Fernandes was also present.
Meanwhile, the petitions by different villagers against the land scam are coming up for hearing on April 27. Working President SVM Franky Monteiro said they would wait for the authorities to take the desired action in the case and if nothing happened soon after the Lok Sabha election they would go on agitation mode.

SVM Press Note:

(press conference held on 13 April 2009)
The SEZ Virodhi Manch (SVM) strongly condemns the reported statements of the GCCI President Nitin Kuncolienkar who has supported SEZs in Goa and has made malicious accusations against Goans who are opposing the fraud of SEZs.

Mr Kuncolienkar's stance is not surprising since he has been an integral part of the process and system that manipulated and subverted legality while acquiring and allotting land for SEZs in Goa. Mr Kuncolienkar seems very concerned about over one lakh unemployed youth in the State for the benefit of whom he intends setting up additional Industrial estates/Industries/Sez’s in Goa. SVM would highly appreciate if Mr Kuncolienkar could publish the percentage of goan youth employed in the 22 Industrial Estates existing in the State. The primary issue Mr Kuncolienkar should tackle on priority is to abolish contract labour system and regulate the minimum wages in the existing Industrial Estates/Industries before harping on additional Industries/SEZ’s.

SVM would also want the people in the State to know the quantum of land acquired by GIDC for the 22 Industrial Estates and the actual area granted to goan entrepreneurs/small scale industries and the area allotted to Industrial giants/Multi National companies. Goa doesn’t need development in the form of Industries alone and moreover without planning required infrastructure for the same, e.g an area of over 30 lakh sq. mts. is decided to be acquired by GIDC for phase IV of Verna Industrial Estate in 1996 when the process of acquisition of 13.67 lakhs sq. mts. for Phase III is not even complete.

The SVM stand has been further vindicated by the report of the Comptroller and Auditor General of India, which have exposed major discrepancies in acquisition and allotment of land by the GIDC with regards to SEZs in Goa. The CAG has observed: No system exists to assess the requirement in accordance with any specific project of its own or local demand of Industries and allotments are made without any transparent selection procedures. Audit noticed irregularities in 86 allotments (46.24 lakh sq. mts.) involving loss of revenue of Rs. 102.64 crores.

The SVM demands for the prosecution against all authorities and individuals involved in the sins of omission and commission in the fraudulent process of allotment of land for SEZs in Goa. The Government of Goa, by only paying lip service to the opposition of the Goans to the fraud of SEZs, is obviously seeking to make a fool of Goans who have unanimously opposed SEZs. Since 22 October 2007, complaints were filed at various Police Stations, against the fraud of the process of application and allotment of land to SEZ promoters for setting up SEZs. The complaints were backed with documents procured (under RTI) from the GIDC to uncover the illegal and immoral scam of the SEZ’s in Goa.

The SVM demands that the Goa Police should avoid the delay tactics and immediately register the FIR, especially since the CAG itself has exposed the blatant irregularities in the case. The SVM also demands that all the officers of the GIDC, who are involved in the facilitation of the fraud should be placed under suspension and they should be prosecuted for their crimes. Similarly action has to be initiated against all the companies and Govt. authorities who manipulated the process for getting approval for the SEZ’s in Goa.

The SVM will be meeting the Governor and various other authorities to initiate action against those involved in the SEZ land scam. The SVM will also start a series of protests as well as awareness campaigns.

Yours truly,
Charles Fernandes
Convenor - SVM

Alexyz's take on Congress Candidate's double speak on SEZs in Goa