Goa State Pollution Control Board condemned for hiking coal handling at Momrugao Port

 Prakash Kamat

Panaji- The Goa Foundation,Goa-based green NGO on Wednesday condemned the decision of the Goa State Pollution Control Board to grant consent to Mormugao Port Trust(MPT),Goa's major port to increase its coal handling at Mooring Dolphins Nos 2 & 3 by 1.2 mt p.a.

The decision of the Board makes a profound mockery of the fact that the Goa Environment Minister has gone on record stating that the coal handling will be restricted to the existing permits given to Vedanta and others by the government. 

Obviously the Board does not care very much for the opinion of either the Environment Minister or the views of the State government. 

The Goa Foundation does not feel that the studies conducted so far relating to pollution caused at the Mooring Dolphins are of any relevance as the impact of the pollution is being felt on the sea body, with consequential harmful effects on the clam fisheries surrounding the MPT area. This has already been documented in a scientific study. Instead of assessing the study already done, the Board has relied upon a dubious study which attempts to measure instead the impact of coal pollution from handling coal at Mooring Dolphins in relation to the land. 

Further, none of the Mooring Dolphins has got necessary environment clearance for operation.  In fact the Board had previously closed down the operations at the Mooring Dolphins because it discovered that the Mooring Dolphins were operating without environment clearance. 

The Goa Foundation has demanded that the Goa State Pollution Control Board should withdraw its consent for the Mooring Dolphins forthwith because this is a bad idea. The issue of coal pollution is still troubling the State.  The Board is duty bound to bring down the coal handling activities instead of allowing them to be increased in view of massive public resentment. Further, the Board should not entertain such proposals till such time as the handling of coal in the State of Goa is finally decided in the interests of the health of the people of Goa and the overall interests of the State,said Dr.Claude Alvares, Director, Goa Foundation.(eom)

SWR officials assure Goa Congress delegation that Railways will ensure that least number of trees are affected in double-tracking in Goa

Prakash Kamat

Panaji,November 10- Former Goa Chief Minister and present Leader of the Opposition in Goa Legislative Assembly,Digambar Kamat,met Mr. P K Mishra,Additional General Manager, South Western Raikways(SWR) on Tuesday at Rail Soudha, Headquarters of SWR and submitted a memorandum regarding doubling of the track in Goa and people's apprehensions regarding that.

According to a press release issued by SWR,Hubbali Division, Mr. Kamat and his delegation expressed apprehensions on impact of proposed doubling of railway track between Castle Rock to Vasco-da-gama. 

Mr. Mishra has explained that the project is being taken up basically to improve connectivity to the State of Goa from Southern States. He has informed that during the conception of original Railway line itself, the same was planned to be broad gauge with double line but had to be modified to meter gauge and single line because of the compatibility with Castle Rock to Bellary Railway line being done in British India.

He quoted that the same was mentioned in treaty of Lisbon signed in 1878 between Indian Governments of Portuguese and Britain. 

Mr. Mishra categorically stated that the thrust now is on switching over to clean, non-conventional sources of energy and the decline in modal share of coal as source of energy is clearly evident from the volumes being transported over last two years.  He said that future belongs to and is defined by usage of non conventional sources of energy.  

He argued that the Government was actively advocating reduction in usage of coal and more so imported coal. He also told that in Goa, cap on amount of coal that can be handled at Mormugao Port Trust(MPT) already exists, being environmentally conscious State. Hence the question of transporting more coal after doubling doesn't arise.

Mr. Mishra has given the technical limitations of present railway line especially in the Braganza  ghat section, that because of safety considerations, certain restrictions are in place that are severely decreasing the sectional capacity to run trains.

On being asked about the impact of the project on ecology by way of cutting of trees, he stated that Railways has been committed to the cause of environment and will continue to exercise utmost caution to ensure that least number of trees are affected. He also informed that study of Environment Impact Assessment has been done, by involving independent agency - IISC and accordingly alignment of proposed double track will be decided.  Above all, any project can be taken up only with clearance of State Government and cooperation of elected representatives, he assured.

Mr. Mishra has assured that the genuine concerns in the execution of work will be addressed and resolved suitably before commencing the work.

It was further informed that no new area is being considered.  Only an additional track next to the existing line is being laid and it is not going to make any new impact on ecology. So railway is just adding on existing route only within railway land is being planned.  

Similar works have already been undertaken and completed in other parts of country including North Eastern States.

Goa Congress president Girish Chodankar, Mr. Mahendra H Singhi, social activist accompanied Mr. Kamat.

The Opposition including Congress have actively backed the on-going movement in Goa demanding no double-tracking of the SWR route in Goa as people apprehend that this would lead to more imported coal of Adani would be transported through Goa.(eom)

High Court in Goa issues notice over rejection of the Goa Lokayukta's order directing that the Anti Crime Branch register an FIR in renewal of 88 mining leases

Prakash Kamat

Panaji,November 5- The Bombay High Court  earlier this week issued notice on a petition filed by the Goa Foundation,Goa-based green NGO challenging the decision of the Goa Governor and the Chief Minister to reject the Goa Lokayukta's order directing that the Anti Crime Branch register an FIR in the matter of renewal of 88 mining leases

The Goa Lokayukta had also directed the State government to ensure the investigation was conducted by the Central Bureau of Investigation(CBI).

The writ petition is filed to challenge the orders of the Competent Authority designated under the Goa Lokayukta Act, 2011, namely, 1) the order dated 15.4.2020 passed by the competent authority, the Governor of Goa (or Competent Authority I) and 2) the undated order passed by the competent authority, the Chief Minister (or Competent Authority II) of the State of Goa.

Both these competent authorities have, via the impugned orders, rejected both the recommendations and orders of the Goa State Lokayukta issued in his report to the Government on the complaint filed by the petitioner (original complainant therein). The petition seeks an order to quash and set aside the two impugned orders.

It was the case of the complainant before the  Lokayukta that the orders granting bulk of these second renewals were issued under the signatures of only three persons, i.e., Laxmikant Parsenkar, (then) Chief Minister of the State, Pavan Kumar Sains, (then) Secretary (Mines) in the government of Goa, and Prasanna Acharya, Director of Mines & Geology and that all three persons were aware that they were indulging in conduct that would benefit and enrich a small class of influential miners and that would result in enormous losses to the public exchequer. In its investigations, the Hon’ble Lokayukta focused substantially on 56 mining leases whose renewal orders were issued within the span of just one week i.e., between 6.1.2015 and 12.1.2015.  In fact, 31 lease renewal orders were issued on 12.1.2015 itself -- which is the very date on which the power of the state government to renew mining leases was rescinded by an ordinance requiring states to auction such leases so as to bring enhanced revenues to the public exchequer. 

The Lokayukta agreed with the charges made by the complainant and directed the removal of Pawan Kumar Sains and Prasanna Acharya from public office as they were unfit to occupy such posts. These recommendations were made under Section 16 of the Lokayukta Act. The Lokayukta also directed FIR be registered by the Anti Crime Branch, but that the investigation of the case be handed over by the Government to the CBI. The Governor and the CM both rejected the recommendations and the order for investigation.

The petition seeks an order setting aside the decisions of the two competent authorities.

Respondents in the petition:

1)Governor of Goa,

Competent Authority u/s 2(d)(i) of

the Goa Lokayukta Act, 2011,

Raj Bhavan,

Dona Paula, Goa.       

 

2)Chief Minister,Goa,

Competent Authority u/s 2(d)(ii)&(iv) of

the Goa Lokayukta Act, 2011

Secretariat, Porvorim, Goa.

 

3LaxmikantParsenkar,

 “YASHWANT”

Varchawada, Arambol,

Pernem, Goa

 

4)Pawan Kumar Sain,

Presently, Director

President’s Secretariat,

RashtrapatiBhavan,

New Delhi 110 004.

 

5)Prasanna Acharya,

Presently, Member Secretary,

Rabindra Bhavan,

Margao, Goa.                                                                     

6)Government of Goa,

Represented by its Chief Secretary,

c/o Secretariat,

Porvorim, Goa 403 521.         

 

7)      The Anti Corruption Branch (ACB)

Directorate of Vigilance,

Serra Building, Near All India Radio,

Altinho - Panaji , Goa - 403 001

Next date of hearing is December 1, 2020,says Dr.

Claude Alvares, Director, Goa Foundation.(eom)

High Court in Goa issues notice to Tamnar's Sangod Sub-station

Prakash Kamat

Panaji,November 2- The Bombay High Court at Goa comprising Justice Mahesh Sonak and Ms M.S. Jawalkar issued notice on a PIL filed by the Goa Foundation,Goa-based green NGO challenging the permissions granted for felling of 2670 forest trees on Sy.No.21/1 and 22 to make way for an electricity substation connected with the Tamnar High Tension Line(HTL) at Sangod, Dharbandora.

Counsel appearing for Tamnar conceded that they did not have a conversion sanad, and that "presently, no development or construction work is being carried out."

The PIL alleged that heavy earthmoving machinery had been moved to the site and that several workers were involved in clearing of the area and removal of mud.

 This writ petition is filed in public interest to challenge the construction of an electrical substation and related infrastructure including residences including a badminton court on Sy.No.21/1 and Sy.No.22/1 in Sangod village in contravention of the Regional Plan 2021 which has zoned the land as natural cover, No-Development Slope and paddy fields.

No conversion can be granted for such lands in view of the norms prevailing under the statutory Regional Plan for Goa 2021. Neither can the land be converted as per order of the Supreme Court dated 4.2.2015.

 

The petition consequently challenges the destruction by clear felling of a patch of rich natural forest stocked with 2670 trees located on the said plot based on entirely fraudulent and manipulated permissions, and seeks its restoration, apart from penalties.

 

The petition states that the decision to exclude the forested survey numbers from the purview of the Preservation of Trees Act, 1984 was signed, not by the Chief Minister (late Manohar Parrikar), but by his Principal Secretary, P. Krishnamurthy. In its brief order, the High Court has asked for a response from Krishamurthy who is presently adviser to the Lakshadweep administration.

 

The petition challenges the grant of construction licence by the Sarpanch without a conversion sanad and without a resolution of the Molem Panchayat. In fact, the Panchayat had already taken a decision to place the matter before the Gram Sabha. In the meanwhile, the licence was issued by the Sarpanch.

 

The petition also challenges the order of the Town Planner, Quepem, granting technical clearance for construction including residences on a property zoned as paddy field, no-development slope and natural cover. This violates norms laid down under the Town and Country Planning Act and the RP 2021.

 

Reliefs sought:

 

i) For an order or writ in the nature of an order to quash and set aside the approval of the Government under Section 31 of the Goa Preservation of Trees Act, 1984 dated 4.2.2019;

 

ii) For an order or writ in the nature of an order to quash and set aside the tree felling permission granted to Resp No 9 dated 25.4.2019.

 

iii) For an order or writ in the nature of an order to quash and set aside the TCP technical clearance dated 18.10.2019 and the Panchayat construction license dated 5.10.2020.(eom)

 

#Save Mollem &Western Ghats from three linear projects People's movement intensifies in Goa

Prakash Kamat

Panaji, November 2-Hundreds of Goan citizens  occupied the Chandor rail tracks in South Goa last night to protest against unethical corporates, government and policies on coal.

Even as a steadily growing number of citizens' groups and citizen-led movements are opposing the need for a destruc6tive coal-powered transmission line project fragmenting the Western Ghats, on 28th of October, a Writ Petition against Goa Tamnar was filed in the High Court by Goa Foundation,Green NGO always spearheading the cause of environment, in view of illegal permissions granted for the clear felling of over 2000 trees and the permissions for the construction of the substation granted in the absence of a conversion sanad. 

A conversion sanad is a document issued by the Office of the Collectorate certifying that Non-Agricultural usage has been permitted on a plot of land. Without this, no permissions for any development can be granted. In contrast to their public claims about having all necessary permissions, Tamnar  admitted in Court that they don’t have Conversion Sanad for the substation. Tamnar has also made a statement to the Court that they are not carrying out any work on the substation. The next hearing will take place on December 1.

The 400 KV Goa-Tamnar transmission  line project (a SPV of Sterlite Power) is a power project that threatens Goa’s largest protected forest area ( Mollem National Park and Bhagwan Mahavir Wildlife Sanctuary) and private land-holdings of non-forest areas in Goa. The project consists of four components within Goa: three transmission lines and one sub-station in Sangod Village, North Goa. 

The User Agency has applied for as many as four forest diversion proposals, in doing so, bifurcating four components of a singular project, with a fifth forest diversion proposal applied for in Karnataka. The project seeks to divert a total of 323.596 ha of forest land, through the State of Goa (146.505 ha) and State of Karnataka (177.091 ha). Submission of such piecemeal forest clearances for implementing 3 projects violates the Forest (Conservation) Rules and is an attempt to dilute the cumulative impact of the three projects on forests of Goa and Western Ghats.

It is to be noted that the Supreme Court of India in 2015 ordered that "No Objection Certificate(s)" will not be issued in Goa for the conversion of any land of over 1 hectare that has natural vegetation with tree canopy density in excess of 0.1. Since the area of land cleared for the substation in Sangod is 11.8 hectares and the canopy density of the area is 0.7, this is a clear violation of said Order. Furthermore, several forest officers from Karnataka have gone on record relaying their concerns related to the depletion of forest cover, thus highlighting the broader regional concerns of this power project. A letter written on 18th June, 2020, by 150 scientists highlights several issues regarding the lack of clarity on the manner in which the Environment Impact Assessments(EIAs) were prepared, and the difficulty in finding these EIAs in the public domain.

Meanwhile, the Goa government appears to be in a great hurry to collaborate with Sterlite Power (a subsidiary of Vedanta), a business that will be selling electricity to the State of Goa, while using the land in the protected area to pass its transmission line through. In normal circumstances Sterlite would have to spend a significant amount of money buying the land on which it is to set up its business activities but in this case all it needs is four signatures from the State government to take over the land for free. 

Why a company is being allowed to have access to Goa's natural heritage for free has been a question that thousands of citizens across Goa have addressed to their government over the past several months.  Among the concerns regarding the utter lack of due process, questions have been raised about why police protection was given to Sterlite Power as early as February, 2019 before this project was even approved. This fact is all the more unsettling when Sterlite’s past record at their Tuticorin plant is brought into consideration, where the police opened fire and killed 13 people from the fishing community who were opposing a copper plant.

After two years of not producing this document, on 20th October, Mr. Nilesh Cabral, Goa Power Minister (who also holds the office of Environment Minister) issued a White Paper on Electric Load Demand over the Last 10 years in which he has made blatantly false statements which don’t match up with figures stated in the 19th EPS documents, which clearly show that in the Electricity Demand Projections for Goa for the year 2021 -2022, industrial and commercial consumers will use 3122 MU (Million Units) of power as compared to just 1280 MU (Million Units) by domestic b. The White Paper, like the EIA and Assessment Studies, has not been uploaded into the public domain for scrutiny or clarification. On the same day, citizens wrote to him,demanding that the paper be made available to the public. 

Amidst several weak and unclear justifications for this project, it is also not clear that citizens who live around the project areas have been taken on board, especially since these projects were passed at the beginning of the lockdown. Astonishingly, despite a majority of panch members in Mollem asking for a Gram Sabha on 4th October, 2020, the licence was issued without a Gram Sabha on the 5th October. The Panchayat Secretary has not signed the license along with the Sarpanch. 

Tree felling permission in private land bought for the construction of the substation by  Goa Tamnar is supposedly granted under section 31 of the Goa Tree Preservation Act, 1984, which gives them an exemption from following the provision of the Act as it is done in public interest. A project done in public interest should ideally not prompt the government to restrict citizens coming forward with questions, using section 144 of Criminal Procedure Code. For example, on 8th of October, Mollem residents were detained without explanation when they went to submit a memorandum at the Goa Chief Minister's house.

In what can now be identified as a familiar pattern, because these documents were not uploaded in the public domain, people lost their right to appeal against the tree felling permission within 30 days from the grant of such permission. This amounts to cheating the public as this infringes the "RIGHT TO KNOW" which is also our fundamental right under the Constitution. Additionally, the forest clearance proposals with all relevant information were on MOEF’s web portal PARIVESH but have now “mysteriously disappearedsays a press release issued on Monday on behalf of the protestors.(eom)

Save Mollem,Save Goa’s biodiversity by going in for clean and green energy alternatives: Fr Nigel Alphonso

By Prakash Kamat

                                      (Fr. Nigel Alphonso, SJ)

Panaji,October 30- Fr. Nigel Alphonso,SJ of the Goa Jesuit Province gives a call to save Goa’s biodiversity,insisting that clean and green energy alternatives is vthe way forward for tiny coastal State with fragile ecology.

Admitting that the need for electricity is ever-growing and the need will only build as time goes by,he says that Goa being a small State with no power generation plants of any kind, meets all its energy needs through power purchased from its neighbouring States at a very high cost per unit. 

The recent claim of the State government is that they are in the process of setting up a 400kv power plant at Molem, for which it is clearing up the land and working its way towards ruthlessly destroying the rich biodiversity of the place and tampering with the sensitive ecosystem of the beautiful Western Ghats. The only justification offered for this atrocious act being for the purpose of meeting the growing power needs of the State.  

He laments that in a State such as Goa, the government has failed to come up with a reasonable and viable solar policy that would encourage the public to invest in the installation of solar power generation plants, this despite the fact that Goa doesn’t even meet 1% of its power needs through renewable sources of energy. Despite numerable attempts to encourage the public to install and invest in grid-tie solar power generation systems what rcemains a dark fact is the solar policy that has been drafted and implemented without much thought, includes clauses and conditions that defy logic. It feels as though those consumers who wish to go green and have installed such a system are being punished for their noble initiative. 

He argues that a solar grid-tie system which in the long run is profitable and cost effective to the consumer helps meet one’s power needs for the next 25 years. This system also exports the surplus power generated to the grid thus benefitting the State Electricity department.

With the current billing system implemented by the Electricity department, however, a consumer is restricted to install a solar grid-tie system only up to the capacity of the sanctioned load mentioned on the electricity bill of the consumer.

 Thus someone who is willing to invest a large sum towards green energy is deterred by this restriction, as the cost of installing a small solar power generation system is relatively much more than a larger one and the return on investment is also slower. 

Secondly, if Goa is facing a deficit in terms of energy needs, why not encourage the setting up of solar farms on rooftops or empty plots with gross metering system in place where the power generated is directly fed into the grid for use in the area,asks Fr. Nigel.

Thirdly, a clause in the solar policy followed and implemented by the State Electricity department states that the consumer will not be compensated for generating power more than one’s average consumption of the 12 months before the solar installation. It is obvious that one’s power needs will only increase in the future and hence it is ridiculous, illogical, and punishing to the consumers who have taken the trouble to invest their hard earned  money in their respective solar projects. 

"The least the government could do to support this initiative is to compensate them for the green power that they supply at one third the cost that electricity is currently purchased from other States,"says Fr. Nigel.

The crores of rupees allotted for setting up this so-called power station at Mollem could well be used towards providing assistance and subsidy to many people who are willing to invest in a grid tied solar power plant. This way forward will easily take care of our growing demand for power without destroying our rich biodiversity, as this need will be taken care of by the generation of green and clean energy with zero carbon emissions and zero deforestation.

"We are stewards, not owners of the environment, and we must make every effort to promote clean and green renewable energy alternatives, thereby ensuring a better future for the next generation,"says Fr. Alphonso invoking inter-generational equity concept for natural resources.(eom)

87% sex workers from Bhiwandi keen to choose alternative jobs:Thane-based NGO

Prakash Kamat 

Panaji, october 30- In the trying times ,when the pandemic is taking a toll on the sex workers’ conditions, 87% of the sex workers in the red-light area (RLA) of Hanuman Tekdi in Bhiwandi,Maharashtra are eager to take alternative path to sustain a living, shows a survey conducted by Thane-based Shree Sai Seva Sansthan(SSSS), an NGO that primarily focuses on welfare of sex workers.

The NGO is now training sex workers in various programs such as tailoring and diya-making to help the women with employable skills and have a dignified source of income.

With the COVID-19 pandemic,mainstream commercial sexual activity came to a halt due to the fear of transmission of the virus. However, seven months into the crisis, sex workers fear that they will be further pushed into a cycle of debt and poverty.

 

The findings reveal that over 60% of the sex workers in Hanuman Tekdi have taken loans from informal sources like friends in the neighbourhood, shopkeepers, local money lenders and their own brothel managers. Most of the survey respondents feel they will die of starvation and harassment and have reluctantly started work in the middle of the pandemic.

 

Bhiwandi is one of Asia’s largest warehouse hubs. Most of the major multinational companies and e-commerce giants have their warehouses set in Bhiwandi. As the town is growing, the red-light area of Hanuman Tekdi is mushrooming and women from other cities and countries are lured here for jobs and then forced into commercial sexual activity.

 

RLA houses victims of trafficking

 

What looms large is the dark reality of choice; majority of them are not into sex work by choice. 78% of them were either forced into prostitution by someone they know like a relative, friend or even their husbands or trapped due to poor financial circumstances.

 

Of the total 500+ sex workers in Hanuman Tekdi, 56% are foreign nationals, the study highlights. Majority of women are from Bangladesh, accounting to 46% of the total community and the rest 10% are from Nepal. These women were either trafficked across the borders or they migrated for work and eventually got trapped in the flesh trade.

 

Another striking factor is that only 4% of the sex workers are from Maharashtra. The others are predominantly from the southern part of the country, especially from Karnataka, Andhra Pradesh, Telangana and Tamilnadu, and then from is Kolkata, which is a large source state. This sheds light on the rampant sexual exploitation of migrants who cross the borders domestically and internationally for a livelihood, the report states.

 

Owing to the lack of official identity documents, the women are excluded from the government emergency aids. Moreover, even the recent NHRC advisory stating that the governments should impose moratoriums on loans taken by sex workers from financial institutions do not apply to a majority of the community as they all have loaned from informal sectors.

 

“It is pertinent to note that for a commercial sex worker it is difficult to obtain a credit loan from formal sector institutions as it involves official paperwork and background clearance. How can you expect trafficked victims to have all paperwork in place? The National Human Rights Commission(NHRC) panel should look at the ground reality,” says Ms. Swati Singh, founder of SSSS which is also working on helping the sex workers get government ID proofs like Aadhaar cards to ensure they get a regular health checkup.

 

Recommendations from the study:

1.The policy makers, along with the support of various NGOs, should formulate an Alternative Employment Plan for the local sex workers to provide relief during Covid-19 pandemic and to help them opt out of commercial sex work.

 

2.The District and the State administration should improve state run comprehensive services for CSWs, allocate budget and provide basic skill training programs under the various livelihood and skill development missions for upskilling and providing them various job opportunities.

 

3.Women who want to start their own venture should be provided with access to easy credit and collateral-free microfinance opportunities.

 

4.For the victims of human trafficking for sexual exploitation, a special victim relief fund should be established to help them pay-off their debts and move out of a life of exploitation and pain.

 

Notes:

NHRC advisory https://nhrc.nic.in/sites/default/files/Advisory%20on%20Informal%20Workers_0.pdf

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