Retired Judge Condemns Goa Planning Law as Unconstitutional
In a scathing critique, retired Bombay High Court judge Gautam Patel has denounced Section 39A of the Town and Country Planning Act in Goa, labeling it as fundamentally unconstitutional. Speaking in Panaji, Patel argued that this provision reduces the state and its residents to irrelevance, undermining their democratic rights.
Judicial Precedent and Environmental Self-Determination
Patel cited the Supreme Court's landmark decision from April 18, 2013, in the Odisha mining case involving Sterlite and Vedanta, as a strong judicial principle supporting the right to environmental self-determination. He drew parallels to Goa, noting that in the Odisha case, tribals were initially assumed ignorant of their rights, but the Supreme Court mandated a referendum where villagers rejected the project.
"Let there be a referendum on any one of these proposed land-use zoning changes, not just suggestions and objections," Patel urged. "Put it to the vote and let the chief town planner behave as he should, as a public servant, with emphasis on servant, and not like some self-inflated satrap exercising dominion over that which is not his but is yours and your community's." He predicted that such referendums would likely lead to the rejection of controversial plans.
Critique of Public Participation Mechanisms
Patel emphasized that current public participation methods, such as suggestions and objections, are inadequate. "If you want public participation, suggestions, objections and formalities are not the answer. Let the community vote on it and let us see what happens," he stated. This, he argued, is why Section 39A is unconstitutional, as it fails to ensure genuine democratic engagement.
Environmental and Cultural Concerns in Goa
Expressing despair over environmental degradation, Patel highlighted alarming examples:
- Casino advertisements at the airport, symbolizing misplaced priorities.
- A restaurant being constructed near an Olive Ridley turtle nesting site.
- Sand dunes in South Goa being destroyed for a 5-star hotel chain.
He warned that developers and planners succeed by dividing communities, stripping away land rights, and criminalizing protest. "There's a word for this pattern, one that runs throughout recorded human history: it's called conquest," Patel remarked.
Stereotyping and "Othering" of Goans
Patel criticized the stereotyping of Goa, where outsiders from cities like Mumbai, Delhi, and Ahmedabad build houses disregarding local architecture, culture, and ecology. "For those who buy up land and construct monstrous houses with not even a nod to Goan architecture, culture, climate, environment, or ecology, Goa becomes just one thing: a backdrop," he said. This leads to Goans being treated as "others," with decisions made by non-locals who lack understanding of the region.
Fragile Ecology and Endless Environmental Issues
Patel pointed out that Goa's ecology is exceptionally fragile, with even minor interventions having disproportionate impacts. He listed numerous environmental threats:
- Forests and wildlife corridors at risk.
- Coastal, marine, and estuarine areas under pressure.
- Lakes and water bodies facing degradation.
"Fling a dart and you will hit an ecological or environmental disaster, whether it is Mopa or Chimbel, saved because of these ladies, or Mirabag or Reis Magos or Mollem," he noted. He attributed this to elected officials failing to grasp the state's ecological sensitivity.
Call to Action and Conclusion
Patel concluded by urging resistance against these pressures, referencing Justice Rebello's advice that change comes when people say "enough is enough." He reiterated that Goa is not mere property to be divided but a home that deserves protection. "This land is not a piece of meat in a butcher's shop to be carved up and distributed. It's a home, and it needs to be treated like one," he asserted, calling for a reevaluation of policies to preserve Goa's unique identity and environment.
