Residents of Azossim village in Goa and St. Mateus Tenant’s Association, a citizens' group that manages, protects and represents tenants and tenanted land in Azossim village, are opposing a proposed tourism project on 12,185 square metres of agricultural tenanted land in Sy No. 36/1-A of the village (In Goa, plots of land for official purposes are identified by a unique survey number).
Construction of the project commenced around August 2018. This took the village residents by surprise as the Goa Land Use (Regulation) Act, 1991, prohibits the sale and use of tenanted land for any purpose other than agriculture and accords the highest legal protection to this type of land in the state. But it is now being subject to fraudulent proceedings and sale deeds by the tourism sector for development projects.
The Eco Tourism Project is a resort that will offer cottages built on raised platforms in the middle of a large pond. The plot proposed for this is classified as khazan land (agricultural land close to tidal water bodies).
Goa has a special system of agriculture where the khazan land (agricultural land close to tidal water bodies), through an intricate system of traditional canals, get filled with water during high tide. The flow of water is controlled by a contraption called a sluice gate to let the water in and out. This mechanism makes it easier to cultivate paddy and has been used by farmers in Goa for many generations, which is why the Coastal Regulation Zone (CRZ) Notification of 2011 recognised khazan land as a special category, classifying it as a No-Development Zone and offering it protection in the state.
In the case of Azossim village, RTIs filed by the Tenant’s Association reveal fraudulent sale deeds and mutation of land records of the tenanted land in the past, besides permission granted to the project under a new Agro Eco Tourism Policy initiated by the state government. Members of the Association allege that the project proponent, Rajesh Ashok Khaunte, being an influential businessman and the brother of the then revenue minister, has facilitated such illegalities.
The Association, along with the Goa Foundation, an environmental non-profit, approached the High Court of Bombay at Goa in February 2019 to challenge the project on multiple grounds, namely, violation of the Goa Land Use (Regulation) Act, 1991, and the CRZ Notification, 2011. Public interest litigations (PILs) by the two groups seek the quashing of the development permissions and rehabilitation of the fields upon which construction has commenced. A cemented pond, covering half the field, and some other structures have already been built. The PILs demand the removal of these so that the land is fit for cultivation.
The PILs also demand the restoration of the tenancy status of the land. During the sale of this land to Khaunte, fraudulent proceedings were initiated by him to remove the existence of tenancy. So the current official land records do not recognise the land as tenanted land. The PIL explains the fraud through which the mutation was done.
According to an order on February 20, 2019, the High Court of Bombay at Goa, while recording the statement of the project proponent that no construction would be carried out in khazan land, ordered a halt to all development-related activity. The PIL is now at the final stage of hearing.
Demand/Contention of the Affected Community
Complaint against procedural violations
Demand to retain/protect access to common land/resources
Refusal to give up land for the project
Other Demand/Contention of the Affected Community
Scrapping of the project and restoration of the agricultural land
Region Classification
Rural
Type of Land
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?
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?
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
Agricultural land, Other Natural Resource extraction/dependence
Whether the project was stalled due to land conflict
Yes
Source/Reference
<https://www.heraldgoa.in/Goa/High-Cout-stays-construction-of-resort-in-Azossim-/142954>
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
No
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.
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:
Violation of free prior informed consent
Non-implementation of land reform laws
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Bombay at Goa
Case Number
PIL W.P. 13/2019
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
Government Departments Involved in the Conflict:
Goa Town and Country Planning Department, Village Panchayat of Azossim and Mandur, Goa Coastal Zone Management Authority, Mamlatdar of Tiswadi (authority responsible for agricultural tenanted land)
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Rajesh Ashok Khaunte
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
St. Mateus Tenant's Association
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?
Anamika is an environmental lawyer based in Goa. She works with the Goa Foundation and the civil society in matters of environmental law and human rights, with a primary focus on issues arising from illegal mining, pollution, violation of coastal regulations and unsustainable planning. She is currently working on research related to conflict between tourism and wildlife/marine habitat conservation.
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