Goa
Tiswadi Taluka
,
Ella Village
,
North Goa
Published :
Jul 2022
|
Updated :
August 5, 2024
Citizens of Old Goa oppose Bungalow construction in protected area of Ancient Monuments
Reported by
Malavika Neurekar
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2020
Year started
12
Land area affected
Households affected
People Affected
2020
Year started
12
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Other Kind of Infrastructure
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Other Kind of Infrastructure
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Since November 2021, residents of Old Goa have been protesting against the construction of a residential bungalow in Tiswadi Taluka of Goa as the bungalow falls within the protected area of two Ancient Monuments viz., Arch of Viceroy and St. Cajetan Church. These monuments have been notified as ‘Ancient Monuments’ by the Archeological Survey of India (ASI), as per the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and form an important part of the heritage of Old Goa.

The protests have been spearheaded by the Save Old Goa Action Committee (SOGAC). They have organised marches, hunger strikes, and an ongoing Satyagraha, which has been joined by over 3000 Goa residents. The Archbishop of Goa and the Goa Heritage Action Group, a local civil society organisation, and various political parties have also extended support to the protestors.

The land upon which the disputed bungalow is being constructed is a private plot measuring 11,900 sq mts. It was owned by Mr. Jose Maria Gouveia Pinto, until it was purchased by Mrs. Suvarna Lotlikar and Mr. Manish Munot, husband of BJP Spokesperson Shaina NC in May 2015. In 2016, the Town and Planning Department of Goa had granted technical clearance only for repair work on the property. However, instead of repairs, the owners began reconstructing the bungalow, leading to public protests. Subsequently, the then owners sold the plot to M/s Corvus Urban Infrastructure in August 2021. The Town and Planning Department revoked its clearance in late 2021, when it found that instead of repairs, reconstruction of the bungalow was taking place.

SOGAC have alleged that permissions granted by various government authorities for the construction are based on submission of false information. They asserted that in order to obtain permissions to construct the bungalow, the plot owners had submitted photographs of a bungalow located in Pernem Taluka of Goa, claiming that the said bungalow in Pernem Taluka was actually located on the plot in Tiswadi Taluka to seek permission for ‘repair work’.

SOGAC claims that all that existed on the plot was a small traditional fishing hut, and that after permission was granted by the ASI solely for repair work in February 2020, the erstwhile plot owners immediately began constructing the bungalow, in violation of the permission granted through the Ancient Monuments Act, 1958.

Speaking to LCW, Hugo Gonsalves, Treasurer of SOGAC, said, “The construction is not only illegal but also against all heritage conventions. The proponent has obtained permission from the state government through intentional complication of the land-uses of the plot”.

Accordingly, SOGAC had filed a Writ Petition in the Bombay High Court in 2021 seeking quashing of permissions granted and an injunction against further construction. However, the petition was dismissed on the grounds all valid permissions for repair work were obtained. SOGAC have now filed a special leave petition before the Supreme Court against the Bombay High Court order, which is presently pending disposal.

On June 13, 2022, the Save Old Goa Satyagraha crossed 200 days. The citizens of Old Goa have continued to demand for the demolition of the bungalow, including at a protest organised at Delhi’s Jantar Matar in March 2023.

On 4 September 2023, the Supreme Court issued notices to the respondents in the SPL and expressed concerns about the manner in which the case had been set aside by the High Court. It [noted](https://www.heraldgoa.in/Goa/A-SHOT-IN-THE-ARM-Save-Old-Goa-panel-gets-SC-relief-in-illegal-bungalow-case/210333#:~:text=MARGAO%3A In a major relief,challenged an order passed by) that the matter should have been relegated to the Additional Director General of the ASI for reconsidering the matter.

In January 2024, the Supreme Court directed ASI to file an affidavit, observing whether the respondents had committed any violations while proceeding with the construction. Tahir Noronha, an architect and urban planner who has been following the matter closely, told LCW that the ASI filed its affidavit in March 2024. “The affidavit has reiterated the SOGAC’s claims and confirmed the violations. The matter is to come up in the next SC hearing,” said Noronha. 

Meanwhile, the Goa Heritage Action Group and the Goa Foundation filed another petition in the High Court in April 2024, bringing to light alleged manipulations in the land records. According to the petition, all approvals and NOCs had been obtained fraudulently, in collusion with the regulatory authorities, including the TCP and GCZMA. It claimed that officers of various departments had accepted documents without scrutiny and overlooked glaring inconsistencies in them. The case is ongoing before the High Court.

The case is also pending with the additional director of panchayat. The matter before the panchayat had been raised by Corvus Urban Infrastructure in January 2022, challenging the demolition order issued by the panchayat. In December 2023, the additional director of panchayats admitted four intervention applications pertaining to the matter. When MLA Cruz Silva raised the question of non-disposal of the case in February 2024, he was told that the case now has five intervenors who are yet to file their responses in the matter.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to cancel the project

Other Demand/Contention of the Affected Community

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?

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

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

1.75

Type of investment:

Investment Made

Year of Estimation

2015

Page Number In Investment Document:

416

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Archeological Survey of India, Town and Country Planning Department of State Government of Goa, Village Panchayat of Se Old Goa

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

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:

Save Old Goa Action Committee, Goa Heritage Action Group, International Council on Monuments and Sites

5
Information on the use of criminal law

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?

Legal Supporting Documents

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Author
Reported by
Malavika Neurekar

Malavika graduated from Azim Premji University with a Master's in Development. She has worked as a journalist and has written for Hindustan Times, Scroll and Mint Lounge.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to cancel the project

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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