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Goa Residents Demand Recognition of Colva Lake as Wetland

Reported by

Anamika Gode

Legal Review by

Edited by

Anupa Sagar Kujur

Updated by

Malavika Neurekar

Published on

September 19, 2019

May 17, 2022

Edited on

September 19, 2019

State

Goa

Sector

Infrastructure

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

31

ha

Starting Year

2013

Location of Conflict

Colva, Salcette

South Goa

Reason or Cause of Conflict

Other Kind of Infrastructure

Multipurpose sports complex

Land Conflict Summary

The residents of Colva village in Goa have opposed the change in land use of the seasonal Colva Lake, which has been proposed by the panchayat to be used for the construction of a multipurpose sports complex. The Colva Civic Forum has been fighting since 2013 to get the lake recognised as a wetland.  Land for the sports complex was acquired by the panchayat in 2006, but according to the Forum, the proposal for a change in land use was put forward in 2013. Members of the Forum told LCW that the National Green Tribunal, in an order dated September 26, 2014, had directed the Goa State Biodiversity Board (GSBB) to carry out a site inspection through an expert agency to document the biodiversity of the area and also comment on the nature of the land use at the site. The decision of the GSBB is pending. The Forum contends that no development work at the site can be undertaken until then. An independent inspection carried out by the GSBB on December 5, 2013, recorded the lake site as a lowlying area. In August 2019, the Bombay high court ordered the Colva panchayat and other authorities to stall any construction on Colva lake until the GSBB and the Goa State Wetland Authority submitted their study on whether the lake should remain as a water body or be reclaimed. Earlier, the Forum had filed a PIL restraining any construction on the lake. The case was disposed of by the court.

Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Demand to recognise Colva lake as a wetland

Region Classification

Rural

Type of Land

Common

Type of Common Land

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

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):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Environmental Laws, Other

Legislations/Policies Involved

Guidelines for Declaration of Eco-Sensitive Zones around National Parks and Wildlife Sanctuaries dated 2011
Point 3 [Purpose of declaring ESZ is to create “Shock Absorber” for protected areas and be a transition zone from areas of high protection to areas involving lesser protection]
Coastal Regulation Zone Notification, 2011
Point 1(ii) [CRZ to apply to land area between High Tide Lane to 100 metres]; Point 3 [Prohibited activities within CRZ to include setting up of new industries, reclamation of land for commercial purposes such as for shopping and housing complexes]
Electricity Act, 2003
Section 3(2)(v) [Union government to take necessary measures to protect and improve quality of environment by restricting areas in which industries operate]
Environment Protection Rules, 1986
Section 5(1) [Union government can prohibit or restrict location of industries from operating in specific areas having environmental importance]
Goa Panchayat Raj Act, 1994
Section 60 [Panchayat may issue resolutions which promote the health, safety, education, comfort, convenience or special or economic well-being of the inhabitants of the panchayat area]
Guidelines for implementing Wetlands (Conservation and Management) Rules, 2017 dated 2020
Point 45 [Prohibited activities within wetlands to include setting up of industries and any construction of a permanent nature]
Rule 2(g) [Includes lakes in the definition of wetlands]; Rule 3 [Wetlands Rules to not apply to wetlands falling under a CRZ]; Rule 4(1)(ii) [Restricts the setting up of industries on wetlands]; Rule 4(2) [Restricts the use of wetlands for non-wetland purposes without prior approval of the Union government]
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

Yes

Name of the adjudicatory body

National Green Tribunal (Western Zone)

Name(s) of the Court(s)

High Court of Bombay at Goa

Case Number

PIL WP 15/2018, PIL WP 33/2019, NGT- OA 67/2014

Main Reasoning/Decision of court

Application no. 67/2014 was filed before the NGT, Western Zone Bench, by Colva Civic and Consumer Forum (Petitioners), challenging parts of the “Tourism Infrastructure Development for Colva Coastal Circuit” project as the same fell within the protected area to be covered under the Coastal Regulation Zone. On September 4, 2015, the NGT recorded that the viewing tower with a gallery from the aforesaid project was dropped. It also directed that no activity likely to cause adverse environmental impact within the disputed area was to take place. An application (MCA 316/2013 in Suo Motu Writ Petition no. 2/2007) was filed in an ongoing writ petition in Bombay High Court (Goa Bench) by the petitioners. The court restrained the respondents from issuing licences for construction of multi-dwelling units, commercial buildings, etc. within its jurisdiction. In PIL Writ Petition no. 15/2018, the petitioners challenged the constructions carried out in Colva Lake on the grounds that the same was done without necessary permissions. The respondents had stated that they were aware of the necessary requirements to be followed, and thus, no further directions were passed by the court. In PIL Writ Petition no. 33/2019, the High Court of Bombay (Goa Bench) ruled in favour of the petitioners and directed the Goa State Wetland Authority (GSWA) to ensure that the agency appointed, i.e., the National Institute of Oceanography, undertake studies in relation to the site within a year. Based upon such report, the GSWA will take appropriate action for preservation of the wetlands. The court also recorded the panchayat’s submission that no construction or development activity was to take place at the site. The court finally held that since the site was being used for sports activities, and the same is not organised on some commercial basis or some massive scale, the same can be continued. However, no heavy machinery or mechanical devices were to be employed so as to not adversely affect the ecology of the site. As of now, no appeal against the aforesaid cases is pending before the Supreme Court.

Major Human Rights Violations Related to the Conflict:

No items found.

Whether criminal law was used against protestors:

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Nature of Protest

No items found.

Government Departments Involved in the Conflict:

Colva panchayat, Goa State Wetland Authority, Goa State Biodiversity Board, Town and Country Planning Department

PSUs Involved in the Conflict:

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?

Communities/Local Organisations in the Conflict:

Residents

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

The residents of Colva village in Goa have opposed the change in land use of the seasonal Colva Lake, which has been proposed by the panchayat to be used for the construction of a multipurpose sports complex. The Colva Civic Forum has been fighting since 2013 to get the lake recognised as a wetland.  Land for the sports complex was acquired by the panchayat in 2006, but according to the Forum, the proposal for a change in land use was put forward in 2013. Members of the Forum told LCW that the National Green Tribunal, in an order dated September 26, 2014, had directed the Goa State Biodiversity Board (GSBB) to carry out a site inspection through an expert agency to document the biodiversity of the area and also comment on the nature of the land use at the site. The decision of the GSBB is pending. The Forum contends that no development work at the site can be undertaken until then. An independent inspection carried out by the GSBB on December 5, 2013, recorded the lake site as a lowlying area. In August 2019, the Bombay high court ordered the Colva panchayat and other authorities to stall any construction on Colva lake until the GSBB and the Goa State Wetland Authority submitted their study on whether the lake should remain as a water body or be reclaimed. Earlier, the Forum had filed a PIL restraining any construction on the lake. The case was disposed of by the court.

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Demand to recognise Colva lake as a wetland

Region Classification

Rural

Type of Land

Common

Type of Common Land

Non-Forest (Other than Grazing Land)

Total investment involved (in Crores):

Type of investment:

Year of Estimation

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

Environmental Laws, Other

Legislations/Policies Involved

Guidelines for Declaration of Eco-Sensitive Zones around National Parks and Wildlife Sanctuaries dated 2011
Point 3 [Purpose of declaring ESZ is to create “Shock Absorber” for protected areas and be a transition zone from areas of high protection to areas involving lesser protection]
Coastal Regulation Zone Notification, 2011
Point 1(ii) [CRZ to apply to land area between High Tide Lane to 100 metres]; Point 3 [Prohibited activities within CRZ to include setting up of new industries, reclamation of land for commercial purposes such as for shopping and housing complexes]
Electricity Act, 2003
Section 3(2)(v) [Union government to take necessary measures to protect and improve quality of environment by restricting areas in which industries operate]
Environment Protection Rules, 1986
Section 5(1) [Union government can prohibit or restrict location of industries from operating in specific areas having environmental importance]
Goa Panchayat Raj Act, 1994
Section 60 [Panchayat may issue resolutions which promote the health, safety, education, comfort, convenience or special or economic well-being of the inhabitants of the panchayat area]
Guidelines for implementing Wetlands (Conservation and Management) Rules, 2017 dated 2020
Point 45 [Prohibited activities within wetlands to include setting up of industries and any construction of a permanent nature]
Rule 2(g) [Includes lakes in the definition of wetlands]; Rule 3 [Wetlands Rules to not apply to wetlands falling under a CRZ]; Rule 4(1)(ii) [Restricts the setting up of industries on wetlands]; Rule 4(2) [Restricts the use of wetlands for non-wetland purposes without prior approval of the Union government]
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

Yes

Name of the adjudicatory body

National Green Tribunal (Western Zone)

Name(s) of the Court(s)

High Court of Bombay at Goa

Case Number

PIL WP 15/2018, PIL WP 33/2019, NGT- OA 67/2014

Main Reasoning/Decision of court

Application no. 67/2014 was filed before the NGT, Western Zone Bench, by Colva Civic and Consumer Forum (Petitioners), challenging parts of the “Tourism Infrastructure Development for Colva Coastal Circuit” project as the same fell within the protected area to be covered under the Coastal Regulation Zone. On September 4, 2015, the NGT recorded that the viewing tower with a gallery from the aforesaid project was dropped. It also directed that no activity likely to cause adverse environmental impact within the disputed area was to take place. An application (MCA 316/2013 in Suo Motu Writ Petition no. 2/2007) was filed in an ongoing writ petition in Bombay High Court (Goa Bench) by the petitioners. The court restrained the respondents from issuing licences for construction of multi-dwelling units, commercial buildings, etc. within its jurisdiction. In PIL Writ Petition no. 15/2018, the petitioners challenged the constructions carried out in Colva Lake on the grounds that the same was done without necessary permissions. The respondents had stated that they were aware of the necessary requirements to be followed, and thus, no further directions were passed by the court. In PIL Writ Petition no. 33/2019, the High Court of Bombay (Goa Bench) ruled in favour of the petitioners and directed the Goa State Wetland Authority (GSWA) to ensure that the agency appointed, i.e., the National Institute of Oceanography, undertake studies in relation to the site within a year. Based upon such report, the GSWA will take appropriate action for preservation of the wetlands. The court also recorded the panchayat’s submission that no construction or development activity was to take place at the site. The court finally held that since the site was being used for sports activities, and the same is not organised on some commercial basis or some massive scale, the same can be continued. However, no heavy machinery or mechanical devices were to be employed so as to not adversely affect the ecology of the site. As of now, no appeal against the aforesaid cases is pending before the Supreme Court.

Major Human Rights Violations Related to the Conflict:

No items found.

Whether criminal law was used against protestors:

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

No items found.

Government Departments Involved in the Conflict:

Colva panchayat, Goa State Wetland Authority, Goa State Biodiversity Board, Town and Country Planning Department

PSUs Involved in the Conflict:

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?

Communities/Local Organisations in the Conflict:

Residents

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Image Credit:  

Image Credit:  

Documented By

Text Link

Reviewed By

Text Link

Updated By

Text Link

Edited By

Text LinkLand Conflict Watch
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