Kargwal Constructions Private Limited, an infrastructure developer based in Mumbai, had proposed to develop a yacht marina at Nauxim, a fishing hamlet near the state capital Panaji in North Goa. A concession agreement to this effect, valid for 30 years, was signed with the Mormugao Port Trust (MPT) in October 2010.
Under the agreement, MPT has leased 10 hectares of waterfront area to the developer. The area comes within the port limits of the Trust, as notified under the Indian Ports Act, 1908.
According to the pre-feasibility report, since Goa is a land-starved state, no land would be acquired for the project, and the company will reclaim five hectares of riverside area to build the yacht terminal and other land-based facilities. The report estimates that the marina will host an annual traffic of 161 yachts by 2020 and over 500 yachts by 2040.
The project has been opposed by local fisherfolk and politicians on the ground that it will disrupt their sea access. The fisherfolk claim that the Goan seafront, which legally falls under the jurisdiction of the Trust, is common land that had belonged to them even before the Trust came into existence. In December 2010, several hundred fisherfolk from Nauxim gathered to express their opposition to the proposed marina. In January 2011, the Curca-Telaulim-Bambolim panchayat passed a resolution against the project.
The project was in cold storage until it was approved by the State Investment Promotion and Facilitation Board at its meeting held on April 13, 2015, along with another marina project aimed at introducing yacht-oriented tourism in Goa.
Three years after the project's approval, fisherfolk were doubtful of the company's promise of more than 450 jobs to the affected people. The pre-feasibility report noted that significant fishing settlements were identified during a survey and that the company will prepare a social support package plan for the fishing community in consultation with them.
Besides affecting the fisherfolk, the marina is likely to have an impact on the ecology too. The downstream river region where the marina is proposed is a biodiversity hotspot and has drawn the ire of the civil society.
The Goa Pollution Control Board had asked the North Goa district collector to fix a date for a public hearing to address the concerns of the local people. The date was fixed for November 2019. A month earlier, in October, several organisations, including Goenchea Raponnkarancho Ekvott, Old Cross Canoe Association Owners Co-operative Society Limited, Fishing Canoe Owners Society and Desterro Fisherman’s Association submitted a letter to the North Goa district collector demanding to postpone the public hearing until a fresh draft of the Environment Impact Assessment (EIA) is prepared. They claimed that the existing draft was prepared without a Goa Coastal Zone Management Plan and was in violation of the EIA Notification of 2006. Following this, the public hearing was postponed for an indefinite time period.
Chief Minister Dr Pramod Sawant had on 26 January 2021 announced that the State is currently not going ahead with the proposed marina project. Thereafter, in a challenge against the Mormugao Port Authority (MPA) grant of lease deed for the Project filed before the Bombay High Court at Goa, the MPA representatives stated that the lease deed in respect of the Marina Project had been terminated vide Notice dated June 30, 2022. Accordingly, the Bombay High Court disposed of the petition vide its order dated July 25, 2022.
However, in 2023, the MPA reversed its termination of lease deed, once again paving the way for the project. Accordingly, the Bombay High Court restored the original challenge to the lease deed filed by Manoj Parab and other members of the local community.
The Expert Appraisal Committee (EAC) on Infra-I Projects in its Meeting dated 15.10.2023 observed that the Yacht Marina Project “does not come under the ambit of EIA notification 2006 as amended and does not require EC”.
As of 4 April 2024, the challenge to lease deed granted to Kargwal Constructions for construction of the Marina Project is pending before the Bombay High Court.
Demand/Contention of the Affected Community
Demand to retain/protect access to common land/resources
Opposition against environmental degradation
Complaint against procedural violations
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
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?
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
2020
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Water bodies, Other Natural Resource extraction/dependence
Whether the project was stalled due to land conflict
Yes
Source/Reference
<https://www.heraldgoa.in/Review/Amkam-Naka-Marina-say-locals/152591> <https://www.goa.gov.in/wp-content/uploads/2020/07/Public-Hearing-on-AHOY-Marina-postponed.pdf>
Total investment involved (in Crores):
₹
350
Type of investment:
Year of Estimation
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Environmental Laws, Other
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.
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 environmental laws
Legal Status:
Out of Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Bombay High Court at Goa
Case Number
PIL WP No. 59 of 2021(F); PIL WP No. 13 of 2023
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 State Pollution Control Board, Goa Investment Promotion and Facilitation Board
PSUs Involved in the Conflict:
Mormugao Port Trust
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Kargwal Constructions Private Limited
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Fisherfolk
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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