SGPDA on the backfoot
>> See pg 2
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HIGH COURT ROADBLOCK
* PDA directed to reply to PIL filed by an NGO on December 28
* PDA questioned whether it had consulted the local body
* Fate of the meeting will depend on outcome of the hearing
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Court observations
PANAJI: ​​High Court of Bombay at Goa observed that it sees no emergency which should force the hand of the South Goa Planning and Development Agency to convene the meeting to finalise the Outline Development Plans for Margao and Ponda on Friday.
The HC heard a Public Interest Litigation filed by NGO United Goan Foundation challenging the finalization of the ODPs for Margao and Ponda in their present form.
During the hearing on Thursday, arguing on behalf of the petitioner Adv Subodh Kantak sought to highlight that the SGPDA is trying to pass the two ODPs in a tearing hurry in order to beat the declaration of the model code of conduct for the upcoming polls.
Margao and Ponda municipalities supported this plea and stated that the SGPDA had failed to consult them as required by the procedure.
The State, however, opposed this plea while insisting that objections received from the public and other concerned authorities have been incorporated and hence, separate consultation with municipalities was not required.
The government advocates also argued that the petition has been filed at the eleventh hour, a day before the scheduled meeting.
Citing the cause of larger public interest, the HC suggested that the respondents file their replies before convening the meeting.
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In a major development concerning the controversial Margao ODP, the South Goa Planning and Development Authority (SGPDA) has postponed its meeting scheduled for December 23 morning after the High Court on Thursday directed the PDA to reply to the Public Interest Litigation (PIL) filed by NGO United Goans foundation.
As the High Court told the PDA to file the reply at the next date of hearing on December 28, SGPDA Member Secretary Ashok Kumar in consultation with PDA Chairman Mauvin Godinho has postponed Friday’s meeting by a week.
Though the PDA has adjourned the meeting to December 30, the fate of the meeting will again depend on the outcome of the hearing scheduled in the High Court on December 28.
SGPDA Member Secretary Ashok Kumar said that tomorrow’s meeting has been postponed in view of the development in the high court. “PDA Chairman Mauvin told me to postpone tomorrow’s (Saturday) meeting in view of the development in the high court. Since the PDA has been told to file reply to the PIL, the PDA will file the reply in consultation with the lawyer,” he said.
In the meantime, United Goans Foundation convenor Ashish Kamat along with Avinash Tavares told the media after the hearing in the high court that the judge has raised the crucial query whether the PDA had consulted the local body, Margao Municipal Council, making it clear that the ODP ought to be formulated through a consultative process.
When the media drew attention of the petitioner to repeated claims made by the SGPDA that a letter had gone to MMC seeking views on the ODP, Kamat pointed out that mere writing of a letter by the PDA to the Civic body does not amount to a consultative process, adding that the PDA was expected to sit and discuss with the local body before coming up with the draft plan.
Avinash Tavares said that the United Goans Foundation is committed to ensure that such types of transgressions are not tolerated across the state, be it the Margao ODP or other ODPs. “We will not allow anyone to sell Margao to the highest bidder,” Tavares said.
In the meantime, independent MLA Vijai sardesai demanded to know why Defence Minister Manohar Parrikar, who has become the de facto Chief Minister of Goa given his presence in the state, is maintaining a stoic silence on the repeated attempts by the SGPDA to pass the ODP in haste.
Sardesai warned that the Margao ODP, if approved in haste, will be scrapped and an probe instituted against the Chairman and the member Secretary if the Goa Forward party comes to power after the election. “Even the Chief Minister, Laxmikant Parsekar has promised to do a review of the Tenancy Act after election. But, such a stand is not forthcoming from the BJP government on the ODP”, he said, adding that the three MLAs and the residents of Margao and Fatorda have bene only demanding time to study the provisions in the ODP.
