Opposing the government attempt to clear the coasts of traditional occupants through a grassroots strategy and support in litigation

Consultant-Advisor-Resource Person through the Centre for Responsible Tourism (CRT).
Consultant from September 2008 to February 2009

• The coastal stretch of Goa is made up of diverse ecosystems – sand dunes, beaches, wetlands, mangroves, estuaries, backwater lagoons and coral reefs. Settlements of traditional people who inhabit these areas depend on coastal resources and seas for their survival are increasingly being displaced and migrate either into the hinterlands or out of the State for survival. Several activities are affecting the coast such as unregulated tourism, polluting industries; infrastructure, aquaculture, sand mining, and rapid urbanization pose serious threats to the health of these ecosystems and to lives and livelihoods of coastal communities.
• The coast which is already inundated in some parts of the Goa coastline with constructions needs such practices and projects to be frozen with immediate effect. Tourism development has taken a huge toll on Goa’s coastal environment with violations mounting by the day. It is simply impossible that the ‘carrying capacity’ of the coasts can cope with the burden of unbridled tourism and other related activities without causing irreversible and grave damage to the coastal eco-systems which are, inherently, fragile.
• At the same time, there should not be any attempt to displace and disadvantage traditional coastal communities who owe their ancestry back to many hundred years in the name of coastal regulation while leaving the rich and powerful- the real violators of the coastal ecology Scot free.
• Today, the bureaucracy and the politician has targeted the traditional occupants of the coasts ignoring the fact that some of what are termed illegalities by them do little or nothing to harm the eco systems; while, at the same time, big hotels and resorts, and the many forms of water sports etc being carried out along the coasts for the rich and comfortable, are the main reasons why marine eco systems are being endangered.
• A few years ago the state government identified over 1280 constructions that defied the ban on construction within 200 metres of the high tide line. A number of blatant violations of the CRZ (coastal regulation zone) on the tourist coast were meant to face the axe under a revived Hundreds of illegalities have escaped being demolished in the past with the connivance of politicians. Obviously, they represent the interests of the political class and the rich.

The Coastal Zone Regulation (CRZ) notification was introduced with three main principles:

• It is necessary to arrive at a balance between development needs and protection of natural resources
• Certain activities are harmful for both coastal communities and their environment, and these should be prohibited or regulated.
• If coastal ecosystems are managed in a sustainable manner, then the livelihoods of millions will be protected and their survival guaranteed.

CRT argues for CRZ 1991 to be retained because it protects the environment by setting high standards for its protection while recognizing that island and coastal ecologies are fragile and requires close caring and attention; the notification also guaranteed the livelihoods and rights of long standing coastal communities. We do not need another notification which is as weak as the CRZ Notification has now become. What is needed is a solid law, driven by a totally different approach – whether that should result in reverting to a better version of the CRZ Notification, 1991 or in a completely new legislation for land use on coasts.

In the context of the above, the question needs to be discussed as to why the High Court of Bombay has given various directions with regard to compliance with CRZ regulations. If, indeed, the government has plans to abandon the regulation regime and replace it with a management regime, the question must be asked: why the exercise at all?

However, it is useful to examine the problems emanating from the Court directive, the subsequent show cause notices that the Panchayats had to issue and the options that might lie before us. But, an examination of the High Court order is necessary as a first step.

• On 26th September 2007 the High Court of Bombay in Goa based on Suo Moto Writ Petition No2 of 2006 was given various directions with regard to compliance of CRZ Regulations. In summary, these included
• Identifying structures existing on 19/2/1991 based on survey maps prepared by Directorate of Settlement and Land Records. This may also be done by reference to existing survey plans under the Land Revenue Code and on the basis of permissions/ licenses issued by the respective Panchayats / Municipalities
• In respect of structures not identified as existing prior to 1991 notices were to be issued to owners and occupants to show cause why the said structure should not be demolished as having been constructed in the NDZ area.
• Panchayats and Municipalities were authorized to take a decision based on written replies or personal hearings within 90 days of serving notice.
• If a said structure was not ascertained as pre 1991 and no stay was sort with a higher authority then the structure would be liable for demolition within 60 days from the date of the serving of final decision on the owner or occupants. Furthermore if Panchayats/ Municipalities observe structures that have been validly constructed or repaired with permission of CRZ authorities the above directions will not apply.
• The Panchayats were also directed to monitor that no new structures should come up in the No Development Zone (NDZ) and if any new construction was detected then the Panchayat/ Municipality had to take immediate action in accordance with law.

• Panchayats and Municipalities are now expected to file affidavits in the High Court by the 11th July 2008 indicating:

• Total number of structures in the 200 meters zone as per Maps provided.
• Number of structures found to be existing as of 19/02/1991
• Number of structures to whom notices have been issued

Issues

• In view of the fact that the maps provided to the Panchayats are survey maps prepared by the Director of Settlement and Land records and were completed in 1974, the maps do not provide a basis for ascertaining whether the structures in the 0-200 meters NDZ were there before 1991.
• The National Institute of Oceanography (NIO) who were requested to supply satellite maps overlaying cadastral maps as of 1990 informed that their maps were on a scale of 1:50,000. This is an absurdly impossible resolution from which to identify structures.
• Request made to GCZMA for satellite maps overlaying cadastral maps of 1990 were turned down on the ground that “this office does not have satellite maps overlaying cadastral maps for the year 1990…. However, satellite data pertaining to the year 1991 upto 2006 overlaid on cadastral map (one copy) is available for reference”.

The absence of adequate records and maps in the appropriate authorities makes it difficult- even impossible- to meet the requirements of the High Court directive sent to coastal inhabitants through the various Panchayats.

Options

• The Sarpanch of each village which has been issued the directive from the High Court could argue that they have no way of reasonably checking out the facts and claims of individuals unless they have the aerial maps of 1990 with a reasonable resolution- unlike the one which the NIO is able to offer them. The GCZMA has the responsibility has the responsibility to provide such maps to the Panchayats. This should be insisted on.
• Tax records e.g. house tax, boat tax, distillery tax, are not always – and no longer- available in the Panchayat offices. In this context, it should be necessary to assist people who do not have valid documents to prove their bonafides through reasonable affidavits and methods of certifying that their houses were in existence.  
• Many coastal inhabitants have often added extensions to their homes for reasons of common sense but without applying for legal licenses and/or permissions. In view of the fact that many, if not most, of these extensions do not violate the eco-systems, they should be allowed to stand with proviso only to pay a penalty and regularize the said illegality – in as far as it does not violate norms that seriously affect the environment.

Panchayat bodies are local bodies enjoying the powers specified under Article 243 of the Constitution of India, Article 243-G(b) – provides the powers, authority and responsibilities of Panchayat pertaining to the implementation of schemes for economic development and social justice as may be entrusted to them including those on relation to the matters listed in the Eleventh Schedule.

Under Provisions of Article 243-G the legislature of the State may by law endow the Panchayat with such powers and authority as may be necessary to enable them to function as institutions of self-government and these laws are not specified to be laid down by the legislature.

As provided in the 11th Schedule a whole range of subjects are included which can provide development and social justice to village communities. For example, with serial no 5 i.e. Fisheries and at serial no.10 i.e. Rural Housing – these are areas wherein the livelihood of the local community associated with fisheries and their dwelling abodes are protected. In both these cases—as in the case of a multiple range of welfare and development activities, the Panchayat body has powers to implement schemes that protect local livelihoods and rights. In substance, it can be argued that the Panchayats are empowered with powers to obtain social justice under the 11th schedule.

Serial No.29 of the 11th schedule also empowers the Panchayats to the maintenance of community assets such as water, lakes, coast etc. which ought to be enforced and maintained without restricting local rights of Housing. Housing is an integral part of life and livelihood. Just as a pavement dweller is entitled to protection, more so are the age-old traditional communities which form an integral part of the environment. The coast is not merely a geographical space. It has as its occupant’s people and nature and they have lived in perfect harmony until recent patterns of industrial development and the arrival of tourism.