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.”
Wednesday, December 15, 2010
SVM wants industrial estates brought under panchayats
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