By: Savio Rodrigues
11th of the series of investigation
In a letter addressed to the Government of Goa on 15/3/2011 Airport Director, Goa, AAI pleas that the Government of Goa may kindly consider proceeding with the land acquisition in respect to Survey No 8/1 in view of the inescapable and imperative requirement of the area for airport development. The process of airport development will be irreversibly stunted and this will manifest in inadequate facilities for parking, alternate acquisition of remote/non-remote contiguous land areas, as a substitute for Survey No 8/1 will not, repeat, and not be useful for airport development as parking is to be provided in the near proximity of the airport.
In document No 17/49/2007 – GAD – II (XXXXIX) dated 11/03/2011 and titled ‘Confidential Most Immediate Cabinet Matter’, it reads ‘An extract of the decision taken on the Item/s in the XXXXIXth Cabinet Meeting of the Council of Ministers held on 09/03/2011 at 3.00 pm under the Chairmanship of the Chief Minister in the Cabinet Room.
Under Agenda Item No. 12 (Revenue Department) it states, ‘proposal to de-notify an area of 36,800 sqmts under settlement zone, from Survey No 8/1 part of Village of Dabolim of Mormugao Taluka under Section 48 of the Land Acquisition Act, 1894. DECISION APPROVED.
Taking view of the Advocate General of Goa opinion on the matter wherein he had opined that under Section 48 of Land Acquisition Act the government has the powers to withdraw from land acquisition of any land before possession is taken.
Going one step further in de-notifying the land the Government of Goa took a Cabinet Approval, because as per a circular issued dated 07/04/2003 thereby indicating the instruction regarding the Procedure for Acquisition of Land it is mentioned that dropping of proposal should be rarest of rare cases with full justification. Any lapse in this regard will invite disciplinary action and recovering money from the erring officer. Any Government decision on the matter will require Cabinet approval.
Sources in the builder fraternity have indicated that the now de-notified land which was co-owned by Bernard D’Costa who was also the Power of Attorney for the other co-owners on Survey No 8/1 is in an Agreement for Sale with a prominent local builder who has over 3,00,000 sqmts of land in and around the airport area already.
The Agreement of Sale of this currently estimated worth over Rs 100 crore property (since real estate developers are pegging this prime land to be valued at between 30,000 – 40,000 per sqmts). Also in the AAI report mentioned above it is stated that co-owners of the land are keen to develop it for residential and commercial purpose.
While it appears that the Government has used the law and Cabinet approval to go back on its commitment given to the Ministry of Civil Aviation to acquire land for the AAI Airport parking facility, there are still a few questions which leave gaping holes into the action of the Government of Goa; the only logic used by the Government seems to be that the land is a settlement land belonging to the owners. However, that is the one claim which Directorate of Settlement and Land records show is questionable since it is a Class B land.
1. Why did the Government of Goa commit to Civil Aviation Ministry on acquiring this said land in the Notification in 2007 and later on in February 2011 decide to initiate the process of de-notifying the land acquired which was already in stage seven of the land acquisition process?
2. AAI has not sent a note the Government of Goa to withdraw its request for the land acquisition; what then is the need for the Government of Goa to de-notify the land acquired?
3. Why is the Government of Goa as specified in the Confidential Most Immediate Cabinet Matter terming the land in Survey No 8/1 as settlement zone, when Form 1 & XIV show that it is Class (B) uncultivable land. It is also important to note that Survey No 9/1 land admeasuring 20,050 sqmts shows in the Directorate of Settlement and Land records as Goa for which Bernad D’Costa has given an NOC is classified as Garden?
4. How does the Survey No 8/1 admeasuring 36,800 sqmts in all Government of Goa, AAI and Co-owners correspondence however on the Survey Report of the Directorate of Settlement and Land Records show the land parcel size as 53,157 sqmts
5. The alternate land suggested by the Government of Goa belongs to the Ministry of Defence, under what pretext has the government suggested this land. Does it plan to acquire it from the Ministry of Defence (MoD) and has the MoD given its approval for the same?
