The drama was played on 16th of December and venue was old Goa Medical College. I was given free hand to make my recommendation. One of the witnesses talked about Tower of Babel and his interpretation to it. This inspired me to have my interpretation to the myth. Here is my decision and interpretation to the myth of the Tower of Babel.
LegalTrek - Drama
HON'BLE YATINDRA SINGH, J.
1. Development, construction, progress on the one hand, preservation of biodiversity, flora and fauna on the other – and how to balance them is in the heart of this reference. And while balancing them, does one consider evidence of artists, are they relevant? This is the first question to be answered. In case the answer is in affirmative then the second question is, should the already constructed luxury resort (the Resort) situate near the northern coastline of Goa at a place Hiracol be demolished?
THE FACTS
2. The Resort was conceived in order to promote tourism. The project was given over to M/s White Sands Sustainable Hotels Ltd. (the Hotel). It is spread over more than 300 acres of land and consists of luxury villas, private swimming pools and a 18 hole golf course.
3. The Town Planner has given approval for the Resort. Environmental Impact Assessment (EIA) under the Environment (Protection) Act 1986 was in its favour. Social Impact Assessment, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 was also in its favour. These statutes are jointly referred to as the Enactments.
4. A public interest litigation (PIL) was filed before the Goa bench of the Bombay High Court. It was entertained but no interim order was granted. It came up for hearing when the Resort was fully constructe. The petition was dismissed on the ground that the clock cannot be turned back. The Supreme Court did not entertain special leave petition against it.
5. After the dismissal of the case by the Supreme Court, the local community called for civil disobedience and started a peaceful protest. The movement gained public sympathy and support. The government realised its potential and before it could turn ugly, set up a commission under the Commission of Inquiry Act, 1952 to hear the locals about their concerns and I have been appointed as its sole member.
6. The petitioners have produced two witnesses: Kedar Dhondu (PW-1) and Vishal Rawlley (PW-2). The witnesses have also shown their paintings and video clips.
7. The Respondents have neither produced any witness nor any evidence but relied on the reports and materials on the basis of which reports were submitted.
THE DECISION
8. I have heard Ms. Caroline Collasso for the Petitioner and Sri Anand Grover for the State of Goa and its officials. No one has put up appearance for the Hotel. Before proceeding to answer the questions, I would like to record the valuable assistance rendered by them.
The First Question: Artists Evidence Relevant
9. It cannot be denied that tourism is necessary for development: it not only generates revenue but creates jobs as well. However, it has side effects as well. The Resort has displaced more than 500 families; resulted into felling of trees; changed ecology and natural landscape; and brought about environmental changes that may effect the biodiversity as well as flora and fauna of the area.
10. Kedar Dhondu (PW-1) is a painter. Through his paintings, he has shown, how constructions cause destruction; change landscape; and affect the poor, who do not have full rights over the land namely the mundkars as well as tillers, the cultivators of agricultural fields. How the Resort has affected them?
11. Vishal Rawlley (PW-2) is a media professional and works with the people regarding environmental issues. He has deposed as to how ecosystem can be revived in the polluted areas by natural means. He has given specific examples where it has been done and has shown clips about the same. He has also deposed how the land can be developed with the imagination and creativity of the locals, instead of giving the land to private entities.
12. No doubt, there is some subjectively in their evidence but they have worked with the locals, in the local surroundings; given examples how results may be achieved without so much of pain and suffering.
13. The fundamental rule regarding environment is
‘We have not inherited mother earth from our parents, but have merely borrowed it from our children.’
In case, we consider the evidence, in the light of the fundamental rule then their evidence cannot be called irrelevant. The authorities should have considered their evidence before taking the decision. After all, we can not play with the future of our children. It was a mistake and we must correct it.
14. It is said,
‘Those who cannot remember the past are condemned to repeat it.’
From 'The Life of Reason: The Phases of Human Progress' a five volume book by George Santayana (1863–1952) Spanish-born American philosopher.
We should ensure that the mistake is not repeated and the artists as well as other people working with locals or in local surroundings are consulted. And if the need be, then necessary directions may be issued or necessary rules be framed under the Enactments.
The Second Question – No Demolition of Resort
15. The next question is, should the Resort be demolished since the artists, the people working with locals as well as in local surrounding were not consulted? Or is there sufficient evidence before the commission to recommend its demolition.
16. The Resort is complete. To undo the same, would again do the violence (except the rehabilitation) that should have been avoided in the first place and there is no guarantee that the original setting can be restored: the Resort may not be demolished. But some relief should be granted.
Reliefs – Other Than Demolition
17. It is in the petition that no passage has been left for the public to reach the coastline. There is no evidence to the contrary. Coastlines cannot be owned by anyone. They are part of commons to be enjoyed by all. They may be closed for security reasons, but short of this, no one can be stopped from enjoying it. The State government will ensure that a convenient passage is provided to the public to enjoy the coastline.
18. Golf can lead to good livelihood: a good golfer can earn a lot. To be a good golfer, is not prerogative of the rich but the membership of a golf club is expensive and not everyone can afford it. The Resort shall run a programme to teach golf to young ones, and permit the Mundkars and tillers of soil (see paragraph 10 of the judgement), who are displaced by acquisition to play in the golf course at nominal cost. One does not know, how many Tiger Woods are waiting to blossom.
SOME OBSERVATIONS
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| The Tower of Babel by Pieter Bruegel - Courtesy Wikipedia |
20. Do you remember the myth. It said that after the flood, people began to multiply; spoke the same language and understood each other well; they moved eastward and settled in the plains of Shinar (Babylonia). There they decided to build a city and a tower to reach the heavens. They became arrogant. The Gods didn’t like it. They came down and confounded their language so that they may not understand each other and scattered them in different regions. The result was that the tower could not be constructed. It came to known as the Tower of Babel as word ‘babel’ (as well as Babylon) is derived from the Hebrew word ‘balal’, meaning to jumble or to confuse.
21. The moral of the story is, if you undertake projects, your tower of Babel, to reach utopia, without regard to mother nature then beware it will punish you and you will neither have utopia nor the development.
CONCLUSIONS & DIRECTIONS
22. My conclusions and directions are as follows
- The evidence of artists, people working with locals and in local surrounding is relevant. Their evidence should be considered before taking a decision on the projects affecting ecology or landscape. And if required then necessary directions be issued or the rules be framed under the enactments;
- There is no justification to demolish the Resort at this stage;
- The State government will ensure that the benefits (regarding public passage to coastline and benefits of golf) mentioned under the sub-heading ‘Reliefs – Other Than Demolition’ are extended to the person concerned.
Date: 16-12-2018
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