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Legal Review by
Edited by
Updated by
Published on
March 23, 2017
May 2, 2024
Edited on
May 2, 2024
March 23, 2017
In 2006, Delhi-based firm Competent Automobiles proposed to build a 160-room resort on a private property facing the Arossim beach in South Goa. It was a franchise for Sheraton Hotels and Resorts. In the same year, the company reportedly received a no-objection certificate (NOC) from the Cansaulim-Arossim-Cuelim panchayat, a consortium of a few villages, without consultation with the local panchayat. It received the coastal zone clearance in April 2013 and the consent of the state Pollution Control Board in August 2014.
However, the project ran into rough weather when a large number of villagers began protesting on the grounds that the project is proposed in an eco-sensitive zone, which contains orchards of coconut trees and traditional storm water drains. Although the land is privately owned (and was purchased by Competent Automobiles), it benefits the community by preventing flood and maintaining the local ecosystem. It was further reported that the hotel would shut off the public's access to the beach. The project could also affect sand dunes, which protect the village from monsoon tidal surges. In addition, the residents pointed out that the proposed resort's close proximity to two similar luxury resorts could put pressure on the village's infrastructure.
In a special panchayat meeting called in October 2014, the residents of Arossim unanimously rejected the project and resolved to revoke the NOC granted earlier. In 2016, two local community associations moved the National Green Tribunal's Pune bench against the coastal zone permission and a 2013 environment ministry letter that exempted the project from obtaining a prior environmental clearance (EC).
On January 9, 2017, the tribunal upheld the appeal and quashed the ministry's exemption, telling the government to examine the project for EC, which was in progress. The ministry granted a fresh EC in July 2017.
In December 2017, Competent Automobiles sold the property to Delhi-based Daffodil Hotels Private Limited (DHPL). DHPL attempted to commence construction but had faced resistance from people who had blocked access to tools and JCBs.
At a panchayat meeting in 2018, the residents demanded that the construction licence be revoked. Neither Competent Automobiles nor DHPL has responded to LCW's emails seeking responses to the allegations.
The EC granted in 2017 was challenged before the National Green Tribunal by the Cansaulim-Arrosim-Cuelim Civic and Consumer Forum (CACCCF), a group of local residents, who alleged that there had been misrepresentations made by the Project Proponent during the Environmental Impact Assessment (EIA) procedure, and that the authorities had not undertaken any cumulative impact study given the substantial number of hotels and guest houses in close proximity. However, in a 2019 order, the NGT dismissed the appeal.
The CACCCF then appealed the NGT 2019 Order before the Supreme Court. However, vide order July 1, 2019, the Supreme Court dismissed the said appeal.
One of the major objections raised by the local residents was regarding protection of water bodies such as ponds which are situated within the project area from encroachments, so as to prevent flooding in the low-lying area. In order to ensure protections of these water bodies from being filled up due to construction activities, the CACCCF approached the NGT in January 2020. However, the NGT disposed of the said matter vide order dated September 24, 2020.
In 2021, residents of Arossim-Cansaulim carried out hunger strikes and threatened to declare a ‘fast-unto-death’ to protest the hotel construction and highlight concerns of flooding likely to be caused due to construction upon local water bodies.
As per testimony received by LCW from Anthony D’Silva, a member of the Cansaulim-Arrosim-Cuelim Civic and Consumer Forum, the process of filing up of ponds and other bodies is being actively undertaken as of March 2024.
Opposition against environmental degradation
Demand to retain/protect access to common land/resources
Complaint against procedural violations
Rural
Private
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project stalled
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Residential area, Other Natural Resource extraction/dependence
Whether the project was stalled due to land conflict
Yes
Source/Reference
<https://www.indiaspend.com/in-lush-prosperous-goa-the-growth-of-luxury-hotels-up-170-in-10-years-is-sparking-conflict/> <https://timesofindia.indiatimes.com/city/goa/new-hotel-will-destroy-arossim-ecology-locals/articleshow/88379608.cms>
Total investment involved (in Crores):
₹
100
Type of investment:
Cost of Project
Year of Estimation
2006
Page Number In Investment Document:
2
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Other, Environmental Laws
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
National Green Tribunal, Principal Bench, New Delhi
Name(s) of the Court(s)
Case Number
Appeal No. 84 Of 2017 (Wz)
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Protests/marches
Complaints/petitions/letters/memorandums to officials
Blockades
Hunger strike
Government Departments Involved in the Conflict:
Goa State Environment Impact Assessment Authority; Ministry of Environment, Forests and Climate Change; Panchayats of Cansaulim, Arossim and Cuelim
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Neither Competent Automobiles nor DHPL has responded to LCW's emails seeking responses to the allegations.
Name, Designation and Comment of the Government Authorities Approached
Neither Competent Automobiles nor DHPL has responded to LCW's emails seeking responses to the allegations.
Corporate Parties Involved in the Conflict:
Competent Automobiles Private Limited, Sheraton Hotels and Resorts
Did LCW Approach Corporate Parties for Comments?
Yes
Communities/Local Organisations in the Conflict:
Cansaulim-Arossim-Cuelim Civic and Consumer Forum, The Cansaulim Villagers Action Committee
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Encroachments of Water Bodies in Arrossim-Cansaulim
Image Credit:
Anthony D'Silva
Construction around Water Bodies in Arrossim-Cansaulim
Image Credit:
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