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Goa Real Estate News & Questions

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  • Re : Goa Real Estate News & Questions

    HC: Deputy collector cannot partition disputed property

    Murari Shetye| TNN | Updated: Feb 13, 2018, 11:58 IST
    Representative Image

    PANAJI: In a major relief to property owners whose landwas sold by other co-holders, the high court of Bombay at Goa has held that the deputy collector cannot order partition of properties in favour of the purchaser when a dispute is raised by the owners.

    “Once a dispute was raised to the title, the deputy collector had to lay off his hands to the partition and could not order the partition on the specious premise that the area purchased by the respondent from the larger property stood identified on the basis of the plans annexed to the deed,” Justice Nutan Sardessai observed.

    The court order is significant for a tiny state where disputed properties are sold by co-owners or non-owners and the administrative machinery orders partition of the property in the case of pending ownership disputes before the civil court.

    In this case, Gold Resorts and Hotel Pvt Ltd had sought partition of the property before the deputy collector, Canacona, after purchasing a property measuring 10 lakh sqm, at Loliem.

    Bought in 2006, the property was part of a survey area of approximately 28.9 lakh sqm.

    Father of the petitioner, Ramkrishna Janardan Bhat, objected to the partition proceedings and stated that the property purchased by the company exclusively belonged to him and some others heirs. He also pointed out that a civil suit was filed against the company in a Canacona court.

    However, the deputy collector overruled the objections and ordered the inspector of survey and land records to partition the area of survey no. 328/1. The petitioner challenged the order before the administrative tribunal, where he failed. He then approached the high court.

    During the hearing, the petitioner’s lawyer Sudesh Usgaonkar argued that Section 61 of the Goa Daman Diu Land Revenue Code, 1968, bars partition when the title to the property is in dispute. The survey records of the property showed that there were several co-holders and that it measured 28,91,500 sqm, from which some co-holders had sold 10 lakhs sqm to the company.

    Advocate Shivan Desai, who appeared for the company, said that there were plans annexed to each of the sale deeds identifying the property sold to the company and hence the deputy collector was justified in ordering the partition of the property.

    The high court noted: “The deputy collector had not held any inquiry while dealing with the application of the respondents no.1 (company) under Section 61 of the law. There was patent contravention of Section 61(2) proviso even though there was a dispute of title.”

    The administrative tribunal clearly went contrary to the mandate of the proviso to Section 61(2) of the law, the court held.

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    • Re : Goa Real Estate News & Questions

      Demolition drive carried out at Arambol beach

      Bindiya Chari| TNN | Feb 14, 2018, 20:59 IST
      PANAJI: The Department of Tourism on Wednesday, conducted a demolition driveon illegal shacks and private restaurants at Arambol beach.

      The demolition squad accompanied by police officials from Pernem police station razed one illegal shack, and confiscated deck beds and tables laid out by private restaurants at Arambol beach. The demolition drive was carried out on Wednesday evening as part of the exercise initiated by the Department of Tourism to clear out unauthorized and illegal activities on the beach belt of the State.

      Similar drives are scheduled at several beaches during the next couple of weeks.

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        Waste mgmt corp sets ball rolling for unit at Cacora

        Newton Sequeira| TNN | Feb 15, 2018, 03:16 IST
        Saligao: The Goa Waste Management Corporation intends to begin constructing a common municipal solid waste management facility at Cacora on land handed over by the Cacora-Curchorem Municipal Council.

        The Goa State Environment Impact Assessment Authority granted environmental clearance for the waste project just last month.

        Managing director of the Goa Waste Management Corporation, Sanjit Rodrigues, has written to the chief officer of the Cacora-Curchorem civic body, asking that the proposed site - measuring 82,750 sqm - be barricaded to facilitate the commencement of construction, even as remediation of existing waste continues.

        “In order for construction to start, the remediation of existing waste at the site has to be carried out. At the same time, daily waste being disposed by the council would have to continue,” Rodrigues said.

        The Cacora-Curchorem Municipal Council will have to issue a no-objection certificate to the Goa Waste Management Corporation while also providing access for construction equipment to be brought in.

        “In order to commence remediation and allow the council to continue treating garbage, it is proposed to barricade a certain area while the remaining space is left open for disposal of fresh waste,” Rodrigues has stated in the letter.

        The site has been used as a dumpyard for unsegregated garbage for over a decade. The Goa Waste Management Corporation intends to reclaim the present site through scientific treatment of waste.

        The proposed greenfield garbage treatment facility will have a material segregation and recycling centre, a bio-methanation and composting section, and a scientific landfill.

        Though the plant will require water and electricity supply, once operational, the municipal solid waste management facility at Cacora will generate electricity for its own utilisation and will also harness recycled water for its needs, the project proposal states.

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          Garbage bonfires compromise state’s air, water

          Paul Fernandes| tnn | Feb 15, 2018, 03:42 IST
          Panaji: For every household, shop, bank and other business or commercial establishment handing over dry waste to garbage collectors, there are many which simply resort to burning it as a means of disposal.

          The National Green Tribunal (NGT) had ordered a complete ban on burning of waste in open places, imposing a fine of Rs 25,000 on each incident of bulk waste burning. “For each such incident, violators, including project proponent, concessionaire, any person or body responsible for such burning, shall be liable to pay environmental compensation of Rs 5,000 in case of simple burning,” the NGT stated in its order.

          But bonfires are ritualistically lit across Goa by thousands of households, most village shops, hundreds of offices, business establishments and others, as lack of accountability, enforcement and other factors contribute to a hazardous disposal method. Local self-governing bodies, municipal councils and panchayats, and their employees use it as a quick-fire solution to reduce waste, blatantly flouting the ban.

          “Everywhere one can see shopkeepers burn it (garbage) at opening or closing time. Civic workers are provided matchboxes by their supervisors to reduce waste,” said activist Prashant Maurya.

          The telltale signs of burnt heaps of plastic waste can be easily seen outside shops in villages, urban areas and junctions. “The areas from Margao railway station towards Davorlim, Ana Fonte and near Hospicio are places where one can see civic workers burning waste,” said Maurya.

          Betalbatim resident George Dirk said, “Everywhere in the neighbourhood we can see people making small heaps of weeds, plants and some plastic and burning it. The beach is relatively clean, but the sand dunes, vegetation are full of plastic.”

          Like Dirk, activist Custodio Barreto has been complaining to authorities about the unscientific practices. “The municipal authorities don’t take cognisance of complaints and only keep passing the buck lower down when approached,” Barreto said.

          Citizens elsewhere have also been agitated over the crude disposal methods. Arturo D’Souza of St Cruz and Raj Vaidya, from Panaji, complained to Goa state pollution control board (GSPCB) against the St Cruz panchayat and Mapusa municipal council for openly burning their waste. The board slapped both bodies with fines of Rs 25,000, each, after confirming the routine burning of dry waste.

          “But the problem has many aspects. Plastic below 50 microns, which has no recyclable value, is more often burned by panchayats. Authorities need to tighten up on recovery of fines and impose heavy penalties as a means of deterrence,” D’Souza said.

          Maurya, who has been petitioning authorities about the burning of waste for nearly a decade, bemoans that health hazards are crassly ignored. “The burning reduces the volume of waste, but it is not realised that pollution-related diseases like cancer are increasing. Burning results in pollution of air, water and soil,” he said.

          A GSPCB official conceded that garbage burning menace is rampant across Goa. “We don’t have enough manpower and field workers to tackle the menace,” the official said.

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          • Re : Goa Real Estate News & Questions

            Waste mgmt corp tries to counter black spots with collection centres

            Lisa Monteiro| tnn | Feb 16, 2018, 03:37 IST Panaji: The Goa Waste Management Corporation (GWMC) plans to set up a few waste management collection centres at vantage points across the state. The move is aimed at tackling the numerous dumping sites that have been mushrooming in public places and countering the lack of a systemic door-to-door collection facility.

            Strategic spots along routes to urban areas, roadsides in villages and waterbodies are used by passers-by and garbage contractors to dump waste, either brazenly during the day, or clandestinely at night. The growing menace has not only been affecting Goa’s image as a popular tourist destination, but also reflects poorly on the lack of civic sense and inadequate waste management facilities.

            While experts in the field often suggest turning each dump site into a collection centre, GWMC managing director Sanjit Rodrigues says it is not feasible to do so. “We acknowledge the need for collection centres, as garbage collection in most villages is not fully set up yet. But we cannot convert every black spot into a collection centre as we don’t want the festering problem to grow,” he says.

            Convener of Goa Civic and Consumer Action Network (GOACAN), Roland Martins, concurs. “We cannot convert an illegality into a legality by transforming black spots into collection centres. People are not handing over garbage at these spots but are dumping unsegregated waste,” he says.

            The enforcement of door-to-door collection of segregated garbage will soon see the end of black spots, Rodrigues says, as the measure is sustainable, eco-friendly and cost-effective. Also, with the new Solid Waste Management Rules 2016 being enforced across the country, indiscriminate dumping behind electricity transformers, near poles and along street corners is now being discouraged by the state government.

            “Collection centres will work if they are manned properly,” says K D Sadhale of Nirmal Vishwa, a Ponda-based NGO, explaining that garbage is often flung into bins and receptacles from passing vehicles, thereby messing up the vicinity.

            Emphasizing that citizens should be equally responsible where effective waste management is concerned, GOACAN plans to take the Extended Producer Responsibility (EPR) concept to supermarkets and various brands. Under EPR, entities are asked to take back packaging of certain items from consumers, allowing these to be reused instead of being indiscriminately dumped. “There should be pressure from different agencies to implement this,” Martins says.

            Among the other measures suggested is the setting up of squads of empowered personnel at the municipality and panchayat level to issue a challans and fines to curb dumping. “The penalty should be higher for those setting fire to garbage,” Stephen Dias, a former NIO scientist, says. “The government must also screen short films regarding the malaise of littering at the very places where garbage is often dumped.”

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            • Re : Goa Real Estate News & Questions

              Curca locals say ‘no’ to PDA inclusion

              TNN | Feb 18, 2018, 03:41 IST Panaji: Villagers of Curca-Bambolim-Talaulim on Saturday expressed their opposition to the inclusion of their panchayat areas in the proposed Greater Panaji Planning and Development Authority (GPPDA), stating that it would lead to vertical development, affect livelihood and take away the panchayat’s powers.

              Speaking to reporters at Curca, sarpanch Maria da Cunha, deputy sarpanch Mauvin Gonsalves and nine ward members along with Rama Kankonkar, a local leader, demanded exclusion of their areas from the proposed GPPDA jurisdiction.

              “The inclusion will put environment under threat and there will be deforestation, hill cutting and ground water pollution,” Kankonkar said.

              The sarpanch said the villagers had opposed the PDA proposal during a gram sabha on November 1, 2017.

              The panchayat had also submitted a memorandum to the chief minister and the town and country planning department on November 14, 2017. In a special gram sabha on January 28, 2018, they had resolved to oppose the proposal, she said.

              The villagers said if the PDA proposal becomes a reality, the Curca-Bambolim-Talaulim panchayat will lose power to accept or reject any project.

              “Taxes will also increase threefold,” Kankonkar said.

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              • Re : Goa Real Estate News & Questions

                Now, Azossim to discuss ‘planning area’ inclusion

                TNN | Feb 17, 2018, 14:00 IST Representative image

                PANAJI: Villagers of Azossimare planning to discuss the proposed inclusion of parts of their village into the proposed Kadamba planning area at a public meeting on Sunday.

                Azossim is proposed to be included in Greater Panajiplanning and development authority (GPPDA) along with Carambolim, Mandur, Chimbel, Panelim, Talaulim, Goalim Moula, Gancim, Ella, Bainguinim and Panelim. “Large parts of the survey numbers included comprise dense forests, hill slopes with steep gradient and horticultural land,” a villager said.

                In 2010, the government had introduced a new concept of outline development plans (ODPs) for non-PDA areas under the blocks of old Panaji, Kadamba, Porvorimand old Mormugao areas. Villages of St Cruz, Carambolim, Old Goa, Azossim, Bambolim in Tiswadi, six panchayats around Porvorim plateau under Porvorim and Cansaulim and Velsao under Mormugao had been brought under the ambit of this mode of planning. But after protests the government had to scrap the plan.


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                  Margao civic body cracks down on illegal food kiosks

                  TNN | Updated: Feb 17, 2018, 14:24 IST

                  Margao: On the Aquem-Margao side of the Margao Konkan railway corporation (KRC) station, there are nearly two dozen illegal makeshift fast food kiosks functioning without permissions from the authorities.

                  This was discovered during a surprise inspection drive conducted by Margao municipal council (MMC) chairperson Babita Angle Prabhudessai and councillor Rupesh Mahatme with the media in tow, on Friday morning.

                  The chairperson undertook this drive following a complaint by KRC authorities while she attended the inauguration of Margao KRC station’s fourth platform.

                  Prabhudessai discovered that the roadside kiosks were serving eatables prepared under unhygienic conditions as the vendors have been cooking and washing their utensils over the nearby chocked drains.

                  Dr Prabhudessai told the media that she “had called up MMC chief officer Johnson Fernandes and issued him stern instructions to clear up these illegalities without succumbing to pressure from anyone.” She also called up the Margao fire station deputy director Nitin Raikar and patiently waited for nearly 45 minutes for him to join them in the inspection as the vendors were using domestic gas cylinders for cooking. However, Raikar sent his junior officials. It is only after the media brought to Raikar’s attention that the illegal vendors were claiming that they were receiving his patronage that Raikar conducted an inspection denying the allegations and feigned total ignorance of this menace. Later, Raikar promised that he would undertake a drive from Saturday.

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                  • Re : Goa Real Estate News & Questions

                    Party divided over fate of mining

                    TNN | Feb 17, 2018, 03:41 IST
                    The Congress appears to be inconclusive over whether the government should auction mining leases or adhere to its old policy. Poriem MLA Pratapsingh Rane said he was opposed to the auction route as many families were dependent on the industry, while Curtorim MLA Aleixo Lourenco, backed the option. He said the situation wouldn’t have been so grave if the state had begun auctioning leases in 2016. Rane opined that the state should file a review petition in the apex court. tnn


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                    • Re : Goa Real Estate News & Questions

                      Biomedical waste hazard raises ugly head in state

                      Bindiya Chari| tnn | Updated: Feb 17, 2018, 14:38 IST
                      Representative Images

                      Panaji: Goa’s health care parameters receive encomiums at the national level, but the bio-medical waste generated by the states 100-odd medical institutions and few thousand clinics continues to be dumped along with general waste, exposing garbage workers and the public to a massive health risk.

                      In the absence of a centralised facility to treat bio-medical waste, the Goa Medical College (GMC) and hospital handles a small quantum. An autoclave/incinerator set up about two years ago treats the waste generated at GMC and other government hospitals.

                      “Besides GMC’s bio-medical waste, we also receive some from CCP and district hospitals,” medical superintendent, GMC, Dr S M Bandekar said.

                      Goa’s healthcare sector, which includes hospitals, clinics and veterinary clinics generate an estimated 180 tonnes of biomedical waster per month, as per a study two years ago. But successive state governments have not prioritised setting up of a centrally-located common biomedical waste treatment facility despite the quantum of the garbage generated only increasing.

                      All bio-medical waste — infectious or biohazardous — which is not handled at the state’s premier government hospital, follows the municipal solid waste route to the disposal system, raising health and environmental concerns. “Most of the waste ends up being burned or dumped clandestinely or enters the general waste collection system as the government has done little to tackle the problem,” an environmental activist said.

                      Handling and transportation of biohazardous waste requires precautions under provisions of the Biomedical Waste Management Rules, 2016. “It needs to be handled with care and transported in special vehicles,” an official said.

                      But throwing all precautions to the wind, the state, which is already struggling to deal with a massive solid waste management problem, has placed a proposal to set up a common biomedical waste treatment facility at Kundaim on the back burner.

                      In July 2015, the government had constituted an expert committee headed by then Goa state pollution control board (GSPCB) chairman, Jose Manuel Noronha. The committee was entrusted with various tasks, including supervising and monitoring the process to set up the plant. “The facility will comprise an effluent treatment plant, a sewage and chemical treatment facility within the complex,” a source said.

                      However, the proposal to set up the facility has been stuck for a couple of years even as an environmental impact assessment (EIA) was to be carried out to set it up.

                      A pollution board official said that all hospitals and clinics, including government-run institutes, need to have a deep burial facility. They also need to have an incinerator, but very few have them.

                      Also, none of the civic bodies or panchayats in the state, as confirmed by a Goa urban development agency (GSUDA) official, collect bio-medical waste.

                      “Medical institutes are not serious about treating their bio-medical waste. They are more than happy to get rid of it anyhow,” an official said.

                      “When it comes to waste, the government has other priorities, and bio-medical waste, is certainly not one of them,” an official said.

                      The state government has now proposed to set up a common facility at Pissurlem in North Goa, but it will take a while before the plan materialises, sources said.

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