Solidarity Against SEZs - Demand for PEZs


amka naka SEZ, amka zai PEZ

(we do not want SEZ, we want PEZ)

PEZ: rice gruel (in Konkani) PEZ= Peoples' Economic Zones


Friday, December 24, 2010

Thursday, December 23, 2010

Jail SEZ ‘patrons,’ demand activists


HERALD REPORTER

SEZ was a bad idea: Gonsalves

PANAJI: Maintaining that the special economic zones (SEZs) proposed in Goa had become synonymous with looting, the executive director of Human Rights Law Network (HRLN) and a senior counsel of the Supreme Court, Mr Colin Gonsalves, on Wednesday, said that employment can happen in the state without SEZs, by setting up industries and factories.

"SEZ was a bad idea from the point of industrialisation," he added. Earlier, the SEZ Virodhi Manch, an NGO opposing the concept of special economic zones in Goa, felicitated Mr Gonsalves at the hands of the former IAS officer, Mr Arvind Bhatikar, for his support to the anti-SEZ agitation.

Later, addressing a press conference, Mr Gonsalves said that nobody is opposed to unemployment generation in Goa, but it should be consistent, without affecting the people of the state.

"The allotment of lands for the SEZs by the Goa Industrial Development Corporation was a perfect case of criminal fraud, breach of trust and misappropriation," he observed, noting that the Land Acquisition Act, under which the land was provided to the promoters of the SEZs, was an outdated, colonial legislation, which has no provision for taking back land, once it is given out.

Reacting to the recent High Court verdict, which quashed and set aside the allotment of land on lease by the GIDC Goa, to all the SEZ promoters, Mr Gonsalves said that the significance of the case is victory to the public struggle.

"Some very fine judges handled the case in a very impartial manner," he added.

The human rights activist also said that he is ready to take on the case, if the promoters of the case approach the apex court against the High Court verdict.

Meanwhile, the SEZ Virodhi Manch has demanded that the Chief Minister, Mr Digambar Kamat sack the GIDC chairman, Mr Chandrakant Kavlekar and the Power Minister, Mr Aleixo Sequeira, besides other members on the panel, which allotted the lands, and initiate a judicial or a CBI inquiry into the alleged illegal allotments, causing losses to the public exchequer to the tune of over ` 100 crore as per the report of the Comptroller and Auditor general of India, for the year 2008-09.

The SVM has also demanded that the said lands should be taken over by the government from the GIDC and utilised in accordance with the wishes of the people of the concerned villages for utility/ community projects.

Mr Praveen Sabnis of the SEZ Virodhi Manch alleged that the former president of the Goa Chamber of Commerce and Industry, Mr Nitin Kuncolienkar, who was one of the members on the GIDC panel that allotted the lands for SEZs, now has to save his skin, and hence is making public statements in support of the SEZs.

SVM felicitates Colin Gonsalves of HRLN






On behalf of SVM (SEZ Virodhi Manch), Arvind Bhatikar felicitated Senior Counsel of the Supreme Court, Colin Gonsalves for his important role in successful petition against the SEZ scam in the High Court. Mr Gonsalves was presented with a traditional coconut, shawl and five handicraft flowers representing the five core villages which fought the SEZ scam with the support of all Goans in general, and the Goan Media in particular.

Mr Gonsalves congratulated the villagers as well as the media for their determination to fight for their land. He described the High Court judgement as a landmark one and underlined the aspects and implications therein. Fr Maverick Fernandes, Franky Monteiro, Swati Kerkar and others were present on the occassion. Pravin Sabnis compered the function and SVM convenor, Charles Fernandes proposed a vote of thanks.


Wednesday, December 22, 2010

SVM demands to GIDC with ultimatum

The Sez Virodhi Manch members gheraoed the GIDC Chairman, Mr. Babu Kavlekar at 5.30 p.m today and submitted a memorandum with six demands. Primary demand being resignation of all members instrumental in he allotment of lands for SEZ’s and accountability. The GIDC Chairman was left dumbfounded and repeatedly stated that the matter is under study and that a legal opinion has been sought. The SVM members were interested to know whether the matter under study were actually the figures of kickbacks that would come to the Board of Directors in the fresh allotment of lands as the lands have been reverted back to the GIDC by the Court. The SVM members informed Mr. Kavlekar that people of Goa and SVM would not be at rest until the fraud in allotment of lands for SEZ’s is investigated and the persons involved in the fraud bought to justice by law.

To

Mr. Chandrakant Kavlekar,

Chairman, GIDC – Goa.

Sub: Memorandum of Demand of SVM

Sir,

The Bombay High Court has quashed the allotments made for SEZs in the judgment on 26/11/2010. The H’ble Bombay High Court has clearly held in the Judgment that “the power of GIDC under clause (a) of Section 14 of the Transfer of lands vesting in GIDC can be exercised only with a view to ensure establishment, growth and development of Industries. (pg158). “It can be safely concluded that there was no direction issued by State Govt. under section 16 of GIDC act to allot any land for the purposes of setting up SEZs. (pg156). “The lands which are available at the disposal of the GIDC are public properties and therefore, the GIDC is under an obligation to sell or transfer the lands by acting fairly” (pg148). “In view of law laid down by Apex Court, The GIDC cannot arbitrarily allot lands vested in it and the alienations made by the GIDC must stand the test of reasonableness”. The allotment of the public properties vested in the GIDC can be made only in a fair and transparent manner and that also in public interest. (Pg. 154). There is no transparency in the allotment of lands by GIDC. There is a complete arbitrariness in the allotment of lands by GIDC. (Pg173).

Instead of owning up the responsibility for causing losses to the public exchequer to the tune of over Rs.100crores as per the Comptroller Attorney General report for 2008-09, you have been making irresponsible statements in the media. The people of Goa will not silently suffer your illegal and immoral acts in allotting the Lands for SEZ when no SEZ policy existed in the State at that time and more importantly in utter violation of law as observed in the judgement.

We, the members of the Sez Virodhi Manch demand:

1. The immediate resignations of yourself from the post of Chairman of GIDC; and of Mr Aleixo Sequeira, (present Power Minister), Mr Nitin Kunkolienkar (ex President GCCI),A. V. Palekar (ex M. D.), Keshav Kamat from whatever capacity you or they may be performing today as you were instrumental in the illegal allotment of lands for SEZs and acts of omission and commission for the same.

2. We also demand a thorough departmental inquiry followed by stringent action against you and the others mentioned above, so that the GIDC can cleanse its tainted image in the eyes of the Goan citizens.

3. SVM demands that the lands allotted for SEZ’s should be reverted to the original owners or in the alternative, handed over to the Govt. to be utilized for community projects in accordance with the wishes of respective villages.

4. SVM demands that the GIDC immediately notify regulations under section 51 of the GIDC to specify mode or method of disposal of GIDC lands as the same do not exist till date.

5. SVM demands that the GIDC adequately advertise availability of Industrial plots in principles of transparency and with first preference given to entrepreneurs for self employment.

6. SVM further demands the GIDC request the State Govt. to hand over the jurisdiction of Industrial Estates to the Village Panchayats as the loss of jurisdiction has caused undue losses and violations with villagers facing the brunt due to illegalities in form of illegal bore wells, illegal constructions, violation of Construction regulations, etc. with local Panchayats having no control over their own lands. Governance of Industrial estates need to be vested to the local bodies.

Failure to accept our demands will provoke an intense agitation in the coming New Year 2011.

Yours truly,

Charles Fernandes


Convenor – SVM

SVM gheraos GIDC chairman, demands resignation

SEZ Virodhi Manch confronts GIDC chief, asks him to quit
HERALD REPORTER

Wednesday, December 15, 2010

SVM slams Babu Kavlekar's statement on land allotment for SEZs Read more: SVM slams Babu Kavlekar's statement on land allotment for SEZs

Times of India
15 December 2010
MARGAO: The SEZ Virodhi Manch (SVM) has condemned the statement of the Goa Industrial Development Corporation chairman, Chandrakant 'Babu' Kavlekar, that land was allotted to SEZ promoters based on the central government's policy to encourage SEZs in the state.

The SVM pointed out that the high court of Bombay at Goa has rejected all the above frivolous submissions in its judgment while quashing the allotments made for SEZs.

"The chairman fails to explain how and why the GIDC allotted the lands for SEZ when no SEZ policy existed in the state at that time," the press note states. The SVM has also demanded an immediate judicial or CBI inquiry into the allotment of land for SEZs.

SVM wants industrial estates brought under panchayats

The SVM also demanded that the government hand over the jurisdiction of industrial estates to the panchayats as the loss of jurisdiction has caused undue losses and violations with villagers facing the brunt due to illegalities in form of illegal bore wells, illegal constructions, violation of construction regulations, etc and reiterated its earlier demand of the immediate resignation of Mr Kavlekar, Power Minister, Mr Aleixo Sequeira, Mr Nitin Kunkolienkar (ex president GCCI), Mr A V Palekar (ex-MD), and Mr Keshav Kamat from whatever capacity they may be performing today as these persons were instrumental in the illegal allotment of lands for SEZs.
SVM also requested the Chief Minister, Mr Digambar Kamat to sack these persons if they do not resign and initiate immediate judicial or CBI inquiry into the illegal allotments for SEZs, alleging that they have caused losses to the public exchequer to the tune of over Rs 100 crores “as per the Comptroller Attorney General report for 2008-09.”
It has said that the GIDC immediately notify regulations under Section 51 of the GIDC to specify mode or method of disposal of GIDC lands as the same do not exist till date and the GIDC follows a ‘first come first serve’ policy as per submission made in the High Court.
SVM demanded that the GIDC adequately advertise availability of industrial plots in principles of transparency with first preference given to entrepreneurs for self employment.
It may be recalled that, on Monday, Mr Kavlekar had said that the future course of action by the GIDC on returning of the lands given for seven SEZs would be taken after consulting the government.
He had also argued that the corporation had promptly issued show cause notices to the developers when the state government had scrapped its SEZ policy.
But, the manch has torn into Mr Kavlekar accusing him of forgetting that the Bombay High Court had rejected all the “above frivolous submissions in the judgement on 26/11/2010 while quashing the allotments made for SEZs.”
“The GIDC is established in 1965 to operate within the provisions of the GIDC Act. The H’ble Bombay High Court has clearly held in the judgement, “ argued the manch, adding “the power of GIDC under Clause (a) of Section 14 of the transfer of lands vesting in GIDC can be exercised only with a view to ensure establishment, growth and development of industries.” (pg 158)
“It can be safely concluded that there was no direction issued by state government under Section 16 of GIDC Act to allot any land for the purposes of setting up SEZs.” (pg 156)
“The lands which are available at the disposal of the GIDC are public properties and therefore, the GIDC is under an obligation to sell or transfer the lands by acting fairly.” (pg 148)
“In view of law laid down by Apex Court, the GIDC cannot arbitrarily allot lands vested in it and the alienations made by the GIDC must stand the test of reasonableness” (pg 154) and “There is no transparency in the allotment of lands by GIDC. There is a complete arbitrariness in the allotment of lands by GIDC.” (pg 173).
According to its convenor, Mr Charles Fernandes, the chairman “now states that the GIDC was prompt to issue show cause notices to the developers when the state goverment scrapped the SEZ policy but fails to explain how and why the GIDC allotted the lands for SEZ when no SEZ policy existed in the state at that time and more importantly in utter violation of law as observed in the judgement.”

Sack Aleixo, Kavlekar: SEZ Virodhi Manch to CM

Sack Aleixo, Kavlekar: SEZ Virodhi Manch to CM
HERALD REPORTER
MARGAO, DEC 14
The SEZ Virodhi Manch has demanded that Chief Minister Digambar Kamat sack IDC Chairman Babu Kavlekar and Power Minister Aleixo Sequeira, besides officials and initiate judicial or CBI inquiry into the alleged illegal allotments for SEZ causing losses to the public exchequer to the tune of over Rs 100 crore as per the CAG report for 2008-09.
While reiterating its demand resignation of Kavlekar, Sequeira, A V Palekar and Keshav Kamat from whatever capacity they may be performing today, SVM has demanded that the said lands should be taken over by the government from the GIDC and utilised in accordance with the wishes of the people of the concerned villages for utility/community projects.
SVM has further demanded that GIDC immediately notify regulations under Section 51 of the GIDC and specify the mode of disposal of GIDC lands as the same do not exist till date and the GIDC follows a first come first serve policy as per submissions made in the High Court.
“SVM demands that the GIDC adequately advertise availability of Industrial plots in principles of transparency with first preference given to entrepreneurs for self-employment. The State Government should immediately hand over the jurisdiction of industrial estates to the village panchayats as the loss of jurisdiction has caused undue losses and violations with villagers facing the brunt due to illegalities in form of illegal bore wells, illegal constructions, violation of construction regulations, etc. and local panchayats having no control over their own lands. Governance of industrial estates need to be vested to the local bodies”, asserted SVM Convenor Charles Fernandes.
Condemning the statements of the GIDC Chairman, Kavlekar, stating that the Central Government Policy to encourage SEZs in the State was supported by the State Government and therefore, the lands were allotted for SEZs as GIDC is an organ of the State government, Fernandes said the IDC chairman seems to have forgotten that the Bombay High Court has rejected all the above frivolous submissions in the judgement on 26/11/2010 while quashing the allotments made for SEZs.
He said the Bombay High Court has clearly held in the judgement “The power of GIDC under clause (a) of Section 14 of the transfer of lands vesting in GIDC can be exercised only with a view to ensure establishment, growth and development of industries. It can be safely concluded that there was no direction issued by State government under Section 16 of GIDC Act to allot any land for the purposes of setting up SEZs”.


Monday, December 13, 2010

Punish those in SEZ land allotment: Sancoale meet

HERALD CORRESPONDENT
CORTALIM, DEC 12
The meeting called by the Sancoale villagers on Sunday to decide on the SEZ land allotment fiasco crticised the government handling on the SEZ issue and called for punishment of the guilty.
Speakers demanded that since the land allotment to SEZ promoters have been set aside by the High Court, the government should revert back the land to the original owners.
Other speakers demanded that the government should not allow the SEZ promoters to take the land even for general industrial use and no compensation paid from the state coffers since they (SEZ promoters) had not come with clean hands and had managed to get the land through fraudulent means.
Franky Monteiro and Arvind Bhatikar who also addressed the meeting said that all the guilty involved in the scam should be punished.
Rector of Blessed Joseph Vaz Sanctuary, Fr Erimito Rebelo appealed to the government to allot the land to mull Goenkars residing in the village.
"This can be done through the gram village panchayat by developing plots and handing over them to the native tribes of the village," Fr Rebelo said.
Council for Social Justice and Peace (CSJP) Executive Secretary Fr Maverick Fernandes who spoke about global warming said that coastal areas will be inundated in few years time.
"Water level will rise from 1 meter to 3 meters due to melting of the ice and the people of the coastal areas will have to be shifted on the hills and therefore it is necessary to preserve the hills for future Goan people," Fr Maverick informed.
Touching on other issues concerning the village, Lawrence Fernandes said that the marina which is proposed in the village will destroy the livelihood of the people particularly the fishermen. It will also destroy mangroves which are highly protected habitat, he said.
Fernandes who has worked in the Gulf for decades said that in the Gulf marinas are built in the oceans and not in the back waters (like rivers) and called upon the people to oppose the marina project at all cost.
Sancoale Panch Tulshidas Naik spoke on preserving the environment of Sancoale especially hills which he said should not be given for commercial use.
Later, Seby Fernandes proposed the vote of thanks.

Friday, December 10, 2010

Central level probe demanded into SEZ land allotment

HERALD REPORTER
PANJIM, DEC 9
After a fortnight the Goa Bench of Bombay High Court pointed out large scale irregularities in the allotment of 32 sq kms of land to seven SEZ promoters in Goa, one of the petitioners has demanded a Central level probe into the scam.
Addressing a press conference, Advocate F E Noronha who represented petitioner John Philip Pereira in the Public Interest Litigation in the Court said that the Government should hand over the probe to Central agencies like the CBI.
“Goa Industrial Development Corporation (GIDC) allotted 2.4 sq kms of land to SEZ promoters within a week without any project report or processing. Moreover, the SEZ applications were handwritten and neither sealed nor stamped…It is a scandal,” he alleged.
Pereira, who was also present for the briefing demanded immediate resignation of GIDC Board of Directors and conniving bureaucrats who were instrumental in the fraudulent land allotments.
The petitioner has also demanded stepping down of the Legislative Assembly speaker Pratapsing Rane, former GIDC director Alexio Sequeira and the present GIDC chairman Chandrakant Kavlekar.
Other demands included that land above a certain limit should be auctioned, Government to stop acquiring lands at Verna Industrial Estate and to appoint professionals on the GIDC Board of Directors.
The advocate besides cited a note by the Chief Minister stating ‘Please help these people’ in Raheja’s letter. “CM and Industries Minister were in support of the allotment,” he alleged.
“Land was allotted at Rs 650 per sq mtr which is quite a less amount. Besides, the open space was allotted free of cost earlier which was later allotted at Rs 100 per sq mtrs,” he added.
The scam related to SEZ land allotment to the tune of 32 lakh sq mtrs is spread in seven pockets across the state.
High Court on November 26 passed an order setting aside the allotments terming them ‘illegal’ and done in ‘undue haste’. The Court also ordered that the allotted land be reverted to the GIDC which had allotted the land to the seven promoters.
“The procedure adopted in the allotment is not fair and transparent. The allotments made by the GSIDC do not stand the test of reasonableness,” the Court had observed.
The opposition meanwhile has already called for a criminal investigation of two former Congress chief ministers – Pratapsing Rane and Luizinho Faleiro for favouring SEZ promoters. CM Digambar Kamat in a recent interview had told reporters that he has ‘still not read the order.’
The State was forced to de-notify the allotment of 32 lakh sq mtrs of land to SEZ promoters following stiff opposition from the Goans, years ago. The SEZ promoters then approached the High Court challenging the Government’s de-notification, which is set aside in the recent order.

Saturday, December 4, 2010

SEZ scam: SVM to ensure politicos do not go scot-free

HERALD REPORTER
MARGAO, DEC 3
Reiterating its demand for accountability from the GIDC Directors instrumental in the fraudulent allotment of land for SEZs, the SEZ Virodhi Manch has called a meeting at Keri on December 4 to finalise an action plan to ensure that appropriate penal action is initiated against the politicians involved in the huge scam of SEZs in Goa.

SVM working president Charles Fernandes has also requested Chief Minister Digambar Kamat to initiate an independent inquiry or a CBI investigation into the scam and initiate appropriate action against the GIDC Board of Directors and also set in motion the process for the reversal of the acquired land for the villagers.
He said though the people were repeatedly demanding that the government pursue the de-notification of the three notified SEZs, the centre not only failed to denotify the SEZ and withdraw the approvals granted to other four SEZ, but on the contrary granted renewals to the four approved SEZs from time to time

“Now after SVM members have filed petitions in the Courts and quashed the allotments of the lands for SEZs through the judgement of the hon’ble High Court, it is interesting to see that MP Shantaram Naik and Commerce Minister Anand Sharma are in a hurry to de-notify the notified SEZs in the State. Their latest spin in the media about denotifying SEZs in Goa is meaningless as the denotification of notified SEZs and withdrawal of formal approvals of other four SEZs is a mere formality as the Courts have cited in the judgement “The notifications of notified SEZs have been issued on the basis of the allotment of the lands by GIDC. As the allotment of the lands is held to be illegal, notifications cannot be acted upon now. (Page 188-189 of judgement)”, he added

“Today politicians can be seen playing blame games naming ex-Chief Minister and ex-Industries Minister for their role in the fraudulent allotment and clarifications are being made that their role was only recommendatory in nature. The actual culprits who are responsible for the fraudulent allotment are the members of the Board of Directors of the GIDC instrumental in allotting the lands to the companies for SEZs are today mum and lying low, including MLA and GIDC chairman Chandrakant Kavlekar, Minister for Power & Environment Aleixo Sequeira, ex-president of GCCI Nitin Kunkolienkar, Keshav Kamat and ex-managing director A V Palekar”, Fernandes said, adding that the historic judgment of the honorable High Court has passed strictures against the Goa Industrial Development Board for allotting approximately 39 lakh sq mtrs illegally and in undue haste without scrutiny of applications and without application of mind.

Friday, December 3, 2010

Anand Sharma pretends to wake up?

Commerce minister moves to denotify SEZs in Goa



PANAJI: Union commerce minister Anand Sharma on Thursday asked officials in his ministry to initiate the process to denotify the three Special Economic Zones (SEZ) that were notified in Goa, thus putting a stop to the mega proposals.

The order comes in the backdrop of the high court of Bombay at Goa ruling last week that allotment of land for special economic zones (SEZ) by Goa Industrial Development Corporation (GIDC) was illegal.

Goa Rajya Sabha member Shantaram Naik, in a statement issued on Thursday from New Delhi, said, "I met Sharma at 12.30 pm today (Thursday) and within five minutes the commerce minister wrote the order on the very memorandum submitted by me and instructed his officials to issue the notification immediately to denotify the three Goa SEZs."

The notified SEZs in Goa are a 123.2-hectare biotech SEZ of Meditab Specialities in Keri-Ponda, a 107.17-hectare services SEZ of K Raheja Corp Pvt Ltd at Verna and a 20.36-hectare Biotech SEZ of Peninsula Pharma Research Centre Pvt Ltd at Sancoale.

The three were among the 15 SEZs that the Pratapsingh Rane government had recommended to the Centre. As pointed out in the high court case, several irregularities were noted in the land allotment by GIDC in 2006.

Goa had witnessed a long drawn public agitation against SEZs. Bowing to intense public pressure, six months after taking office as chief minister, Digambar Kamat had announced the scrapping of SEZ projects. Despite divisions in the cabinet over the projects, Kamat said 'No' to SEZs on January 1, 2008.

Since then, the denotification of the SEZs had remained pending. Claiming that huge investments had been made, SEZ promoters approached the high court challenging the state government decision.

The then Union minister for commerce Kamal Nath had assured Goa more than once that the Centre would not impose SEZs on Goa. However, on the issue of denotification, the commerce ministry had taken the stand that as the issue was sub judice, it wouldn't decide on the issue. In a statement Naik said, "I requested Sharma to denotify the three notified SEZs of Goa immediately, upon which the commerce minister passed immediate orders in the matter.

Centre issues order to denotify three Goa SEZs

HERALD CORRESPONDENT



Wednesday, December 1, 2010

SEZ land scam gets murkier

SURAJ NANDREKAR - Herald