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Published on
November 5, 2018
May 1, 2024
Edited on
May 1, 2024
November 5, 2018
Mormugao Port Trust, which falls under the jurisdiction of the Ministry of Shipping, has proposed to build new berths and jetties and expand in the Vasco Bay, a water body in the town of Vasco da Gama, Goa. The project entails building concrete structures covering half the bay and roads and pipelines partly covering the southern end of the bay. Earlier in 2016, the National Green Tribunal had stalled the expansion project saying that the environmental clearance was illegal as it was done without following procedures and holding a public hearing. People have been opposing the project since it was re-announced in 2018, particularly traditional fishermen who operate out of the bay.
According to the fishermen, who use small motorised canoes, the structures will block their access to the sea, while the proposed deepening of the bay, to accommodate cargo vessels, will raise the risk of erosion of the land surrounding the bay. This includes the Kharewado beach, which anchors the canoes and is used by fishermen to store fishing material. Custodia D’souza, a fisherman representing the Old Cross Fishing and Canoe Owners Cooperative Society, said, “If the beach ceases to exist, we will lose our way of life and our source of livelihood.”
The fishermen, along with the residents of Vasco, have said that the port authorities do not have control over the land as the beach and the bay are common properties and are under the jurisdiction of the state government. The port disagrees, [saying](http://goaspcb.gov.in/Media/Default/MPT/MPTNEW/PROCEEDINGS OF THE ENVIRONMENATAL PUBLIC HEARING MPT.pdf) that the area falls within its administrative limits duly notified under the Indian Ports Act, 1908.
The port's development also poses a threat to nearly 350 homes of fishermen and workers. According to the [port authorities](http://goaspcb.gov.in/Media/Default/MPT/MPTNEW/PROCEEDINGS OF THE ENVIRONMENATAL PUBLIC HEARING MPT.pdf), these are illegal encroachments and, therefore, there is no proposal for land acquisition or rehabilitation. Moreover, the port recognises only 200 homes that existed when a survey was conducted in 1998, but the number of houses has increased over the years. Most of the homes are shanties made of metal sheets and belong to workers from neighbouring Karnataka, who work as helpers on mechanised fishing trawlers or on the traditional boats.
The port authorities estimate that 360 homes will be affected, of which around 30 will be demolished to make way for the new infrastructure. The port has promised to hand over land in the same locality as compensation.
The port has re-applied for environmental clearance for the project. Demolition and construction will commence after the clearance is granted. The community expressed their [disapproval](http://goaspcb.gov.in/Media/Default/MPT/MPTNEW/PROCEEDINGS OF THE ENVIRONMENATAL PUBLIC HEARING MPT.pdf) at an environmental public hearing near Vasco on October 5, 2018, and have called for the project to be scrapped.
In February 2020, the Expert Appraisal Committee (EAC) - an expert panel of the Ministry of Environment, Forest and Climate Change (MoEFCC) recommended the Environmental Clearance to the port for expansion. However, local activists say that they will petition the MoEFCC to reject the EAC's recommendation.
In March 2020, the Union Minister of State for Shipping, Mansukh Mandviya, introduced the Major Ports Bill, 2020, which seeks to replace the Major Port Trusts Act, 1963. The bill seeks to empower the port authority to undertake any activity without local intervention within the port limits. This undermines the provision of consent by local bodies such as panchayats and municipalities to carry out any activity related to ports.
Viriato Fernandes from Goencho Avaaz has written to Mandviya pleading that the bill should exempt Mormugao Port Trust in the larger interest of the state of Goa and its people, especially those who live and depend on the sea.
The Mormugao Port Trust (MPT) was renamed as Mormugao Port Authority (MPA) under the provisions of the Major Port Authorities Act, 2021 as the erstwhile MPT Board [ceased to exist](https://www.thegoan.net/goa-news/mpt-is-now-mpa-as-new-ports-act-comes-into-force/80016.html) from 28 January 2022. Environmentalist Advocate Savio J F Correia, who has previously been vocal about the effect of creation of new Port Authority, said the inclusion of MPA under the Major Ports Authorities Act, 2021 has the effect of creating a ‘state within a state’, as local laws such as Regional Master Plan will not be applicable to the area falling within MPA jurisdiction.
After the notification of MPA, expansion projects for various berths of the Port were undertaken by the Authority and received administrative approval thereafter. These include the Rs 1145 crore ‘redevelopment of Berths 8, 9 and barge berth’ project, which was granted Environmental Clearance (EC) on 6.07.2023, as well as the ‘terminal capacity enhancement project’ at berths 5A and 6A, which proposes to enhance the cargo capacity of these berths from 7.5 Million Metric Tonnes Per Annum (MMTPA) to 15 MMTPA which received EC on 11.01.2023.
Sanjay Redkar, President of Niz Goenkar Revolutionary Front, expressed grave concerns regarding the health impacts likely to be caused due to these expansion projects. “My son started developing serious breathing problems soon after we moved to Vasco,” said Redkar. “Every day my house floor is covered with a layer of black residue from the Port,” added Adv Correia, who resides a few kilometres away from the Port. “If there’s so much of dust below the soles of my feet, can you imagine how much I’m inhaling daily?” asked Adv Correia.
The environmental clearances granted to both expansion projects were challenged before the National Green Tribunal and the Bombay High Court at Goa. The petitions are currently pending adjudication.
Demand to retain/protect access to common land/resources
Opposition against environmental degradation
Urban
Common
Non-Forest (Other than Grazing Land)
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 underway despite protests
Original Project Deadline
2021
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Other Natural Resource extraction/dependence, Water bodies, Residential area
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
1645
Type of investment:
Revised Investment
Year of Estimation
2017
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
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.
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:
Non-rehabilitation of displaced people
Lack of legal protection over land rights
Forced evictions/dispossession of land
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal (Western Zone), High Court of Bombay at Goa, Supreme Court of India
Case Number
WP 173/2018, Misc. Civil Application No.110/2018, (NGT- Appeal No. 10/2016 ), SC- Civil Appeal 9955/2016; NGT Appeals 15/2023/WZ and 16/2023/WZ; PIL WP 24/2018
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
Objections as part of official procedures
Advocacy (for inclusion in courts)
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Goa State Pollution Control Board
PSUs Involved in the Conflict:
Mormugao Port Trust
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Fisherfolk community, Goa Foundation, Old Cross Fishing and Canoe Owners Cooperative Society
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?
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