GOVT. TO START BIMBVEL LAND ACQUISITION SANS URGENCY CLAUSE

MARGAO: Notwithstanding the public outcry against the moves of the Indian Navy to acquire a large stretch of the Bimbvel beach in Vasco, the South Goa district collectorate has forwarded the Navy's proposal to the state government to initiate the land acquisition process.

It has also asked the defence estates officer (the acquiring department) to deposit 25% of the value of the land admeasuring 1,08,372 sq m, valued at ` 3.78 crore.

However - in what can be seen as some consolation - the district administration has turned down the request of the naval authorities to acquire the land under the urgency clause of the Land Acquisition Act. A sanction for this had already been granted by the ministry of defence of the government of India.

Documents obtained by TOI under the RTI Act reveal that the Indian Navy had insisted on the invocation of the urgency clause of the Land Acquisition Act 1894, with the defence estates officer, Panaji, making a formal request to the south Goa district collector to that effect.

Invocation of the urgency clause entails dispensing of the procedure of filing objections by interested parties under Section 5 (a) of the Land Acquisition Act.

The letter of the defence estates officer stated, "It is intimated that the representative of this office and the representative of INS Hansa, Vasco, has discussed the matter of acquisition of land admeasuring 1,08,372 sq m known as Bimbvel beach, Vasco, with the secretary and under secretary (Rev-I) in his office. During discussion, the under secretary said that the acquisition will be done in normal procedure without invoking the urgency clause u/s 17 of LA Act, 1894, whereas the sanction of government of India, ministry of defence has been accorded for invoking the urgency clause viz Section 17 of LA Act."

It further pleaded that recommendation be given to the under secretary (Rev-I) and the land acquisition officer, Mormugao, to follow the procedure for land acquisition under urgency clause of the LA Act.

The ministry of defence, in a letter dated June 15, 2010, had conveyed to the chief of naval staff, New Delhi: "The sanction of the President of India for acquisition of state/private land measuring 1,08,372 sq m known as Bimbvel beach located in village Mormugao, Vasco, Goa, for the safety of INS Hansa at a total estimated cost of ` 3.78 cr."

It added, "The sanction is also accorded for invoking the provisions of urgency clause viz Section 17 of the Land Acquisition Act, 1894 for acquisition of private lands involved in this case".

Turning down the request, deputy collector (land acquisition), south Goa, Margao, Agnelo Fernandes, informed the defence estates officer in a letter that the proposal has been forwarded to the government "to issue notification under Section 4 of the Land Acquisition Code, without invoking the urgency clause".

Explaining the reasons for rejecting the navy's demand for invoking the urgency clause, authorities of the district administration expressed apprehensions of finding themselves in legal entanglements if the normal procedure is not followed.

"This office has experienced in the past that if the land acquisition is proceeded by invoking urgency clause under section 17 of Land Acquisition Act, 1894, the interested parties approach the high court wherein this office is made party to that writ petition and this office is made answerable to the high court in the said matter," the deputy collector's letter addressed to the defence estates officer states.

"It is also observed that many a times, the district court orders to vacate the urgency clause in order to hear the interested parties. Therefore the land acquisition proceedings are forwarded to the government without invoking urgency clause in order to avoid the above difficulties," the letter adds.(TNN)