WEDNESDAY, JULY 03, 2024
he SWR has been carrying on double tracking work in areas that they've been claiming to be theirs, without the area actually being theirs. This is just one of the many sad developments that have happened right from that fateful day in June 2020, when the Mormugao Deputy Collector, the competent Authority in this case, had stated that about 103 survey numbers had been earmarked for acquisition
for double tracking across 60,177 square metres of land.
The double tracking saga that started then, it has still not ended. But what has now happened is that the people there are have said very loudly that they are facing the brute force of a system, which is systematically getting into their lives and their liberties, chopping trees, breaking boundary walls and carrying on this double tracking project in a manner that is absolutely baffling, primarily because the Supreme Court itself had questioned the need for this kind of a double tracking project and these linear projects.
Felix Furtado, activist from Chandor-Cavorim said, “Double tracking is not required. Double tracking is being thrust on us only to transport coal for corporates in Karnataka, which does not have any benefit for Goa. But Goa has been destroyed. Goan land, low
lying fields, lakes, rivulets - everything has been destroyed.”
None of the government departments, which are supposed to protect the natural resources, have taken any action against the Railways, in spite of several complaints made by people.
“So, our grouse is why government is not protecting the people’s properties and the environment? They just want to bulldoze through houses, many of which are ancestral properties,” Furtado said.
With no survey numbers, Railways have set up to double track Goa’s land. Now, what does it actually mean?
“If you see, the Department of Revenue have come up with the gazette notification on May 26. Now, if you see during the period from 1968 to 1971, the surveys were carried out in every village and promulgation was done. Survey numbers were given to the respected landowners by obviously showing their documents,” Olencio Simoes, Joint Secretary, Goencho Ekvott said.
“But, here they're saying the SWR have possessed land, but is shown in the plan, but there is no survey number. So, they are saying therefore they have no right with respect to possession or occupation. So, what are you trying to say that this now a tenant who has come here and he is in possession of land,” Simoes said.
“Now, since he has no survey number, you're going to give it to him. It means that SWR has no title documentation. How will you give survey number on possession? If you're going to give survey number, then there are so many instances prior to 1961, where people living along the coastal areas like the tribal communities, who do not have ownership. Then give land possession to them also, why only Railways? , but have possession,” the Joint Secretary of Goencho Ekvott said.
“So, here it is clear that the government has a malafide intention. The government has gone to an extent that now they're going to give ownership also to the Railways. So do whatever you want,” he said.
Now, the Railways’ own Counsel PP Singh apparently said that officers were entrusted to get these documents organised. But they failed to do so, because they don't have any documents.
“So the question is on what basis has this gazette notification been published? I don't know what the government is up to. Government, which is supposed to protect our State, is the biggest violator. They are helping the Rail Vikas Nigam Limited (RVNL) to commit unlimited violations right from the day one,” Simoes said.
“Till now, they haven’t taken any permission for the double tracking work, wither from the CRZ or the forest Department. There is no permission taken at all, so the law is being blatantly violated. The government is silently listening to them and on top of that helping, them to carry these illegal activities in our villages,” he said.
How does one carry legally see this carrying out entire work without survey numbers? Maybe they can do it and get
it regularised later. But legally, do you
think that this can be challenged and can be a big factor?
According to Adv Radharao Gracias, a senior lawyer, as far as land survey records are concerned, public roads and rail lines have been shown, but they have not been given numbers at all.
“You will find that the roads are simply shown because the law contemplates that these belong to the State, not to any private individual. So the railway line is shown. There's no doubt about that in the survey plan. I know that at least as far as Majorda is concerned, in the 1870s, land was acquired because I have seen my own family documents, where part of our property still
there at near the Majorda railway station,” Adv Gracias said.
“In a survey plan, there will never be a number for the railway line or the roads. If you look at the village plans, the roads don't have numbers. But the areas are shown with the area dimensions. So therefore, the railways can with reference to the plan, easily identify the extent of their land. But I don't think that it is going to sort out our problem,” Adv Gracias said.
“Our main issue now is that we do not want the Railways to lay the extra line at all. So are we saying that, even if the land is available, we don't want the second rail track for various reasons. Therefore, irrespective of whether they acquire the land or not, if you are opposing the railway line, first say we are opposing on grounds that that it is causing various other problems,” he said.
“Right now, I live within half a kilometre of the railway line. The government has come up with the noise notification. Any wedding or anything beyond 10pm should be stopped to prevent noise pollution. But, if you come and stay anywhere in the coastal villages, you will find that the trains passing on these tracks make unbearable noise, especially during the night,” he said.
“The quirky horn sound will make the dead rise from their grave. Why is the pollution law not applicable to the trains? Why don't they stop them from making noise, when weddings can be stopped for the same reason?” the senior activist asked.
He said that the whole problem is the government is least bothered with the citizens’ rights. Whether for noise pollution or whether for coal pollution, somehow or the other, the government does not react.
“I have myself grown up and become a senior citizen, agitating all my life. I don't remember many agitations in which I was not actually involved. I may have slowed down now, but every time the government uses its force to suppress the protests,” he said.
The other thing that is happening in Arossim and Velsao is that over a period of time, the people are feeling that the Railways are getting more and more blase and absolutely open about their idea or their decision and execute them, irrespective of any kind of opposition that takes place. So the now point is, what people are saying, they have a right to protest.
But the backlash that is coming now, whether it is coming in the form of bulldozers, or whether in the form of encroaching land and breaking the boundary walls or filing criminal cases.
What is happening is that, rather than finding a solution, it seems that the State (represented by Railways) versus people's battle
is no longer a dialogue. It has become a very deep conflict, leading to skirmishes and even violence.
“My experience here is, we are essentially a fractured society. If there is some problem in your area, only they are fighting. Others are not bothered,” Adv Gracias said.
“When people went to protest against Mopa airport, the locals gathered and attacked them. Some people had to return home to protect themselves. Now more recently, after the airport was built, a lot of people from Mopa started protesting saying that their lands were being taken away to build the approach road for the airport from the highway,” he said.
“Now, these are the same people, who attacked those protesting against the airport. What is happening is, we are not united as Goans. When I am under attack, I come out and defend, but if someone else is in similar situation, we don't support him. This is the unfortunate part and all governments know this. They have been taking advantage by pitting one against the other,” he said.
Even though we are seeing a very strong people’s movement against double tracking in South Goa, but is it still isolated amongst groups of people, largely in South Goa? Is it is yet to get a pan Goa support?
According to Adv Gracias, it is not across South Goa, but mainly in the affected villages. South Goa is quite big.
“People beyond these villages are not coming after education and it has always been so. Essentially we have a system, where we have the Judiciary, the Executive and the Legislature. The Constitution contemplates that the Executive will use excessive force, will act
arbitrarily and therefore we have a Judiciary in place.
“I am sorry to say, in my experience as a lawyer and as a citizen, the courts nowadays have become very reluctant to intervene on behalf of the citizens. When that happens, the executive knows that no matter what they do, we have no regression and that is why these things are happening right now,” Adv Gracias said.
He said that the courts normally blow with the wind.
“Now we have a Far Right government. So the tendency is Far Right. I remember during the Emergency, when the Supreme Court overruled orders of so many high courts and held that even the life to Liberty is not a Fundamental Right, this happened at the highest level,” he said.
So sadly, the courts themselves also tend to blow with the wind, instead of standing up and saying no, these are the citizens’ rights. If this had happened, then citizens wouldn’t have agitated in such an aggressive manner,” Adv Gracias said.
In context to the Public Interest Litigation (PIL), which is before the High Court currently, the Goencho Ekvott (GE) and the Goenchea Ramponkarancho Ekvott (GRE), moved the PIL, which is going to come up for hearing on June 26. It essentially states that the Railways have not taken any Environmental Clearance (EC) and their actions are completely arbitrary.
Now the main plea is that ECs have not been taken. Is it correct to say there was no public hearing at all as far as the double tracking is concerned?
“No public hearing was conducted and they didn't contact us. In fact, when I asked the Railways, what is the actual area required, they were not able to give the right answer. Sometimes they say five square metres, sometimes they say 100, sometimes 200. They don't know what they want,”
said Ashok Souza, former Panch of Velsao-Pale-Issorcim.
But currently, is legal route the only way to challenge the Railways right now? Is there any faith left in the elected government for intervening in this matter or the court is the only answer?
“I have no faith in a elected government, because the Chief Minister was brought to the site, followed by Nilesh Cabral. All the important people had come to the site, but nothing happened. Then, the Supreme Court passed the order saying that the second railway track was not required in Goa. Still the government and the Railways are doing nothing about it,” Souza said.
So far, they have stopped in Mollem. But is it going to fly over Mollem and then come to coastal South Goa, he asked.
Elaborating on the PIL before the High Court and the legal challenges, Olencio Simoes said, “Actually on January 28, 2022, we had come up with a report where we clearly said that the floodplains had been blocked, in violation of the Section 75 of the Irrigation Act 1973. Subsequent to this, there was an inspection at Velsao on April 24, 2023 where it was clearly said that land filling is not permissible in the areas under CRZ-III.”
Besides this, the Railways is involved in several other illegalities, like one is that initially in 2008 they had come with acquisition. Subsequently, they came with the acquisition under Right to Fair Compensation Act. Then subsequent to that in 2020, they came up with the Railway Act. Three different
Acts were used to acquire this particular
land area.
“So now, after highlighting the issue with every authority, none of them authority could even act because they said agreed under pressure. Every authority agreed to it, right from police to all the concerned government departments. So, this is the sad part and then we had no option, but to go to the High Court, challenging the Section 11 of the Environmental Protection Act where permissions are necessary,” he said.
“How can the Railways supersede the Environment Act, when you say the fundamental duty is to protect the environment? Also, Railways is blatantly violating all the rules under the Railway Act. The State Government has to look at the interest of the State first. Besides the railway double tracking, at present, right from Arossim and Pale, there are water bodies which have been filled with debris and sand,” Simoes said.
“If there is a disaster tomorrow, what is going to happen? Who is going to be responsible if someone's livelihood is gone or someone dies tomorrow? State will say, no this Act supersedes all Acts, therefore we can't do anything. So you mean to say the State is incompetent? Are we in a Union Territory or in the State? Even the acquisition is not complete. Without any NOC, the work is on in full swing,” he said.
Now the question is, can the Railway Act supersede other existing Acts including, permissions that are need to be taken under the Environment Act?
“What happens is whatever laws are there under the Environment Act, they supersede everything else. These are the latest laws they have been brought in consonants with the world demands that environment has to be protected. So, the Environment Act supersedes everything,” Adv Gracias said.
It is in this context that Supreme Court has passed an order, which as per news reports, stopped the laying of railway track through the protected Western Ghats.
“If the Railways were supreme, why would Supreme Court pass such an order? Therefore whatever is said regarding Constitution being supreme, is for only public consumption. Nothing will come out of public inquiries. Here the government is determined to push the Railways through and once they are determined they do it, come hail or storm,” he said.
He said that the solution to this problem many not come from India, but from
Australia.
“I've been reading that such a solution may come from Queensland, Australia where there are lot of protests against Adani’s coal. If they stop Adani Mines, then they will say we don't want the railways here,” he said.
The South Western Railways and the RVNL are only symptoms of the whole problem. According to the people, the idea is that we need a system where the common man has greater power and greater freedom than the more powerful person or entity.
It is not really a battle between the RVNL and the people of Goa. It's a battle essentially between the strength of the State and the will of the people.
This is a conflict that should never happen because what people are still saying even in this debate and otherwise as well that, they want the people that they have voted to be on their side. This is what is coming out from every village and every home that, you be with us.
Look at what we are saying and take a decision for the benefit of the people. Look at the other way even if you need to transport coal for commercial reasons for getting electricity.
Is there a way out, is there another route, is there a different manner in which it can be done? The idea is not really looking at this in black and white but looking at this from the prism of what is best for the people can it be done without harming so many interests and affecting so many lives.
The answer as Bob Dylan and rather says both said, lies in the wind and we hope the winds will blow in the favour of the people as the days go by. In any case, what is not lacking as far as the people of Goa is concerned, is the will to do what is right.
