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
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