MARGAO
Smiles lit the faces of the Sao Jose de Areal villagers waging a sustained legal battle under the banner of Sao Jose de Areal Villagers Union to save the hills from destruction and to stop the basalt/stone crushing units from operating in the State.
With the High Court pronouncing its judgement on November 17 quashing and setting aside the government’s order dated March 2, 2009, Union President Freddy Travasso said the villagers have won another significant victory in its long-drawn battle against crusher units that have destroyed the village on a large scale over the past few decades.
“The judgement pronounced on November 17 by the High Court in WP 613/2009 filed by Sao Jose de Areal Villagers Union has ended all the attempts of the government to defend crushers operating illegally without conversion sanads, with a finality that the government must accept,” he said.
Freddy added: “Suffering from horrific pollution, devastation of forests and hills due to scores of quarries and crushers operating illegally with government protection and blessings of the Comunidade of Curtorim, the oppressed residents of this tribal village organised themselves and started this epic battle in 2006. The determined villagers managed to swiftly stop the illegal quarries that had eaten up half their hills. However, the crusher units continued to operate with stone now brought from other villages, forcing the people to resort to the courts.”
Union member Peter Viegas said the first petition filed by the villagers in 2008 against the crusher units was also successful as the Court ordered action against the illegal crushers, but the government cunningly changed the law to help these illegal units. “But, the villagers had challenged the Order in the present petition 12 years ago. Numerous stone crusher units continued operating in the village of Sao Jose de Areal and many other parts of Goa giving rise to large scale pollution, health impacts and other adverse impacts on the villages and their residents. Most of these illegal crusher units use stone illegally quarried from forests and also follow no pollution control measures during crushing and transportation, causing huge damage to forests, environment and health. However, this judgement of the High Court extinguishes all excuses of the government for refusing to act against these illegal crusher units.
With the High Court setting aside the March 2, 2009 order, the villagers have now demanded that the Collectors of North and South Goa must immediately issue stopwork orders to all the stone crusher units operating without conversion sanads in the two districts if the government has to retain any credibility in the eyes of the people and if the children have to survive.
State govt’s order of March 2, 2009
Order No.14/11/2008-RD(Rep.18): In exercise of the powers conferred by Section 35 of the Goa Land Revenue Code, 1968 (Act No.9 of 1969) and further in public interest, the Government hereby retrospectively exempts Basalt/Stone crusher units which are having valid registration issued by the Department of Mines, Directorate of Industries, Trade and Commerce. No Objection Certificate from Goa State Pollution Control Board and having valid property documents, which are in operation/functional up to 31st December, 2007, from obtaining conversion sanads for the area they are presently occupying in the respective holding which is verified and recorded by the respective Collectors. This issues with approval of the Government. By order and in the name of the Governor of Goa, Secretary (Revenue-I(II), Porvorim, 2nd March, 2009.”
