Kamal Nath overruled official to denotify Goa SEZs: Wikileaks

Panaji, April 18, 2013 (IANS)

Former union commerce minister Kamal Nath had overruled his ministry's
secretary and favoured denotification of three special economic zones (SEZ)
in Goa in 2008, suggest recently unclassified diplomatic cables available
on Wikileaks.

The cable from the US embassy dated Jan 4, 2008, titled "Centre appears to
waffle on Goa SEZ ban", also says that the decision to denotify the SEZs in
Goa could have hit the central government's plans for "foreign
participation in SEZs".

After a public outcry and several protests through 2006-08, the Congress
government in Goa at the time had decided to scrap seven land-intensive
SEZs and withdraw the state SEZ policy. Three of the seven SEZs were
already notified by the trade and commerce ministry and its secretary at
the time G.K. Pillai had ruled out their denotification because there was
"no such provision in law".

"However, (Goa chief minister Digambar) Kamat met with Commerce Minister
Nath the following day, whose public statements walked back from Pillai's.
Nath stated that the central government can de-notify SEZs and that it
would not wish to force a SEZ on a state that did not want them. Nath said
he would wait for the official request from the Goan government and take
'appropriate action'," the cable (number NEW DELHI 00000026 001.2 OF 002)
says.

The cable is part of a weekly compilation of "economic highlights"
dispatched back home by the US embassy in New Delhi.

After the withdrawal of the SEZ policy, promoters who were allotted land
for developing the Zones, have since approached the courts claiming the
government's move to cancel the policy was illegal. A judicial decision is
still pending.

Kamal Nath's decision at the time, the cable says, could have resulted in a
blow to the United Progressive Alliance (UPA) government's aim of getting
in foreign investments in SEZ projects.

"The Commerce Ministry's big plans for foreign participation in SEZs could
take a hit if the GOI (Government of India) capitulates to the Goa
government and approves de-notification after investors have already sunk
significant money, not to mention time, into their projects," the cable
comments.

http://www.deccanherald.com/content/326772/kamal-nath-overruled-official-denotify.html

Special Economic Zone issue: Chief minister says he wants to clean up Goa Industrial development Corporation

TNN | May 31, 2012

PANAJI: The Goa Industrial development Corporation (GIDC)'s first board meeting after constitution of the new panel will discuss the issue of filing a police complaint against former CM and speaker Pratapsingh Rane, former industries minister Luizinho Faleiro and former GIDC chairman Chandrakant 'Babu' Kavlekar among others, in the SEZ scam.

Speaking to media persons, chief ministerManohar Parrikar, who will head the GIDC said, "I assure you that I will take up this issue at the first board meeting, and let the board decide and file the complain."

Claiming that the Special Economic Zone (SEZ) scam is to the tune of over 400 crore, Parrikar had lodged a complaint with then director general of police Aditya Arya to file a first information report (FIR) against Rane, Faleiro Kavlekar and others. "Let the GIDC file the same complaint with the documents they have, to the police", added Parrikar, adding that his personal complaint can be a official complaint. "Why should I file a private complaint," he reasoned.

Parrikar also said that the reason he appointed himself as the chairman of GIDC was to bring the corporation back to proper shape and to make it functional.

The chief minister also said that the government has three options to change the SEZ land. One is going to court (which is already in progress), second is to file a criminal investigation, and third, to go for transparent across the table negotiations. "But no SEZs. I am very clear about that. The rest of the land can be given to them and they can use it as per the approved industrial plan", he said.

He also said that there are many people in the GIDC involved in scams and all those will be taken to task. He added that said by end of July, the GIDC will in a transparent manner advertise the plots available.

reports in Pudhari (Marathi) & Sunaparant (Konkani)

Jail SEZ ‘patrons,’ demand activists

HERALD REPORTER

PANJIM, DEC 22
Goa Government is at the receiving end in the land allotment scam for allotting land to SEZ promoters with legal experts demanding ‘jail’ to those responsible for encouraging criminal activity.
“Goa Industrial Development Corporation (GIDC) officials and all those involved in granting land to SEZ promoters should be jailed. Such criminal activity should not be tolerated,” Supreme Court senior counsel Collin Gonsalves today said.
Gonsalves represented SEZ Virodhi Manch (SVM) in the Public Interest Litigation (PIL) filed by them against the State and SEZ promoters at Goa Bench of Bombay High Court.
The High Court in its order last month had observed that the allotment of lands to the companies was made in undue haste and arbitrarily without proper scrutiny of their applications.
Besides, the procedure adopted for the allotment was not fair and transparent and the allotments by the GIDC do not stand the test of reasonableness. GIDC and the seven petitioners are given status quo of four months.
“It is a terrible case of fraud…this is a clear case of corruption, criminal fraud, misappropriation and cheating,” he said adding that the land should be reverted back to the people of Goa.
The activists including Council for Social Justice and Peace convener Fr Mavrick, Pravin Sabnis and others also demanded resignation of all those officials who fraudulently allotted lands to the industrial enclaves.
They reiterated their demand that either CBI inquiry or judicial probe should be constituted in the scam, which involves high profile politicians and bureaucrats into it.
SVM in its memorandum to the GSIDC on Tuesday demanded resignation of the Chairman Chandrakant Kavlekar, Power Minister Aleixo Sequeira, former Goa Chamber of Commerce and Industry President Nitin Kunkolienkar and others for being ‘partner in the crime.’
Their demand also includes departmental inquiry followed by stringent action against the responsible persons. The members have threatened to launch intense agitation in the coming New Year 2011 if the Government does not pay heed to their demands.
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.
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. The SEZ promoters then approached the High Court challenging the government’s de-notification, which is set aside in a recent order.

SEZ was a bad idea: Gonsalves

http://www.navhindtimes.in/
Published on: December 23, 2010 - 01:09

More in:

• Goa News

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.

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

MARGAO, DEC 21
Members of the SEZ Virodhi Manch gheraoed the GIDC Chairman, Babu Kavlekar on Tuesday and submitted a memorandum with six demand, including the demand for the resignation of all members instrumental in the allotment of lands for SEZ’s and accountability.
Convenor of the Manch, Charles Fernandes said the GIDC Chairman was left dumbfounded and repeatedly stated that the matter is under study and that he has sought a legal opinion on the matter.
SVM members were interested to know from Kavlekar 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 Kavlekar that people of Goa and SVM would not 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.
While reiterating its demand for the resignation of Kavlekar and Power Minister Alexio Sequeira, the SVM warned that failure to accept the demands will provoke an intense agitation in the New Year.
The members demanded a thorough departmental inquiry followed by stringent action against the GIDC Chairman and the others mentioned above, so that the GIDC can cleanse its tainted image in the eyes of the Goan citizens.
While reiterating its demand for reverting the lands allotted for SEZs to the original owners or in the alternative handed over to the government for community projects in accordance with the wishes of the respective villagers, the SVM demanded 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.
Fernandes said that the GIDC should request the state government to hand over the jurisdiction of the 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 the form of illegal bore wells, illegal constructions, violation of construction regulations etc with local Panchayats having no control over their own lands, adding that the governance of industrial estates need to be vested to the local bodies.

SVM members gherao GIDC chairman

(Times of India) TNN, Dec 22, 2010, 05.13am IST

PANAJI: Members of the SEZ Virodhi Manch (SVM) gheraoed the chairman of Goa Industrial Development Corporation ( GIDC), Chandrakant Kavlekar, Tuesday evening in his office and demanded the resignations of all the directors who were involved in the allotment of land which was held illegal by the court recently.

The activists challenged Kavlekar to spell out why no action had been taken following the high court order. His reaction was that legal opinion has been sought.

The activists demanded that the land given to SEZ promoters should be reverted to the original owners, or handed over to the government for community projects as per wishes of the villages in which the projects were planned.

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

Navhind Times: December 15, 2010

MARGAO: The SEZ Virodhi Manch (SVM), on Tuesday, condemned the statement of the Goa Industrial Development Corporation chairman, Mr Chandrakant Kavlekar that it was the central government’s policy to encourage SEZs that was supported by the state government so the lands were allotted for SEZs.

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.”