PANAJI
Amid angry reactions over the union ministry’s green signal to the proposed AHOY Marina in the Zuari river, an environmental activist and former expert member of Goa Coastal Zone Management Authority (GCZMA) has questioned the legality of the lease deed between MPA and Kargwal Constructions.
“It is indeed surprising to learn about the MoEF&CC’s decision that the marina project at Nauxim Bay does not require environmental clearance. And that this purported reality dawned after sitting on the proposal for the last eight years,” said Savio Correia.
“The root of the matter lies in the alleged lease deed between MPA and Kargwal Constructions dated October 12, 2012, whereunder 1 lakh square metres of waterfront area was leased by MPA.”
“The lease deed is nullity ab initio because MPA never owned the river in the first place to be entitled to lease it to someone else. The Zuari river area, among others, is declared to belong to the State Government under the Goa Land Revenue Code.”
Stating that while the site may be within major port limits, Correia insisted that the river area belongs to the State government, thereby to the people of Goa.
“Our government must challenge the lease deed and get it nullified. We have been demanding it for the last several years, but the decision-makers have developed cold feet for reasons best known to them. The rights of Goans over their rivers must be safeguarded at all costs,” said Correia.
Incidentally, Correia pointed out to a starred question tabled by Curtorim MLA Aleixo Reginald Lourenco on July 24, 2019.
“Asked if the Government is aware that MPA is claiming to be owner of River Zuari area within its port limits and has leased huge tracts of river area at Nauxim, Sancoale to private parties, then Minister for Revenue Jennifer Monserrate had replied in the affirmative.”
“To another query on whether the River Zuari water area belongs to Government of Goa under the Goa Land Revenue Code, Monserrate had stated that according to the Goa Land Revenue Code, “all bed of sea, and of harbours and creeks below high water mark and of rivers, streams etc. which are not the property of any person are hereby declared to be the property of the Government”.”
Correia said it is incorrect for MPA to claim ownership of River Zuari area on the basis that the river is within its port limits on the basis of a notification (31-08-2017) issued by the Ministry of Shipping (Ports Wing) under the Indian Ports Act.”
“My gut feeling is that the proposal has been mischievously taken out of the EIA Notification’s ambit to evade public consultation including mandatory public hearing. It is common knowledge that the project has been stalled due to outcry against the public hearing. Assurances had been given by the Government at the highest level that the project had been scrapped,” said Correia.
