In August 2021, activists in Mollem, a South Goan village close to Bhagwan Mahaveer Sanctuary and Mollem National Park, opposed the construction of a concrete paver road cutting through the protected forest area. The proposed road was to be built from Collem to the Dudhsagar waterfall for improving access of tourists during monsoons. Currently, the kutcha or mud road is accessible only during the non-monsoon months.
Environmentalists say that all-weather access road will disallow regeneration of the forest and destroy its ecology. This is concerning to them because Mollem National Park [houses](https://guidetour.in/mollem-national-park/#:~:text=Biodiversity%3A The Western Ghats%2C of,birds%2C reptiles%2C and insects.) a vast range of flora and fauna in the Western Ghats, a site that is listed as a major biodiversity hotspot.
The proposal was presented to the State Board of Wild Life (SBWL) in a meeting on December 2, 2019. The Chief Wildlife Warden, during the meeting, stated that the road gets eroded during the rains, inconveniencing the visitors and causing “dust pollution” on either side of the road. The tender for laying interlocking pavers over a bed of cement concrete was awarded in July 2021.
Opposition to the road construction began when locals noticed bulldozers and heavy machinery carrying large quantities of rubble into the forest. The Goa Foundation, a non-governmental organisation, backed by villagers, wrote to the Chief Wildlife Warden Santosh Kumar to issue a stop work order and subsequently filed a Public Interest Litigation in the High Court. They claimed that the Public Works Department (PWD), which was carrying out the work, had not obtained required permissions under the Wild Life (Protection) Act, 1972.
Speaking to a news outlet, Claude Alvares of Goa Foundation said that creating an all-weather access would facilitate a daily movement of 240 jeeps within the forest. "The project also includes construction of a toilet block, guard rooms, parking bays, and taxi stands," Om D’Costa, a litigator from Goa Foundation, told LCW.
In response, the representative for the state said that the Chief Wildlife Warden has been empowered to order such works under section 33 of the Wild Life (Protection) Act, 1972. It was further pointed out that SBWL had granted approval to work relating to strengthening of existing road back in 2019. Finally, it added no new road was being constructed and that it was merely routine repair and maintenance work.
The Goa bench of the Bombay High Court, in September 2021, restrained the Public Works Department from undertaking any construction till the petition has been disposed or the the department receives clearance from the National Board of Wild Life.
The court noted that documentary evidence and the cost of the project – approximately Rs 2.5 crore per kilometre – indicates that it is not merely routine repair work. The court also said that the project appears to cater to 4.5 lakh tourists that visit the falls instead of benefiting the sanctuary, adding that “demands of tourism must be subservient to and in consonance with the conservation interests of [Protected Area] PA.” The court however said that PWD could undertake usual repairs work on the road passing through the PA. D’Costa said “The PWD is complying with the order and construction work on the site has stopped. The matter has not come up since.”
As of April 2023 the matter continues to remain pending in the court.
Demand/Contention of the Affected Community
Demand to cancel the project
Opposition against environmental degradation
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common
Forest
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
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):
₹
31
Type of investment:
Cost of Project
Year of Estimation
2021
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.
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
Non-consultation with stakeholders
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Bombay High Court (Goa bench)
Case Number
PILWP 1736/2021
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 Government, Public Works Department, Chief Wildlife Warden, National Wildlife Board, State Wildlife Board
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:
M Assmas Constructions
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Goa Foundation
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?
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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