Envisioned to be constructed across 35000 sq. meters of Sancoale village of South Goa, the Bhutani Acqua Eden Goa, has been a serious cause of concern for local residents since February 2024. The 700-unit premium residential complex comprising of villas and apartments with individual swimming pools and other amenities has been at the centre of a mass public movement owing to serious concerns regarding blatant violation of regulations by the builders, Parmesh Construction Company, a subsidiary of Bhutani Infra Group (Project Proponent) in obtaining the requisite permissions required for construction.
Additionally, environmental factors such as the necessity of undertaking hill-cutting for the project as well as the requirement of significant amount water supply to service the nearly 700 swimming pools in an already water scarce area, have rung alarm bells in the minds of local South Goans.
In February 2024, the Mormugao Planning and Development Authority (MPDA) issued Development Permission for the project under the provisions of the Goa Town and Country Planning Act, 1974. However, locals allege that such permission did not factor in various patent irregularities regarding compliance of regulations by the Project Proponent.
In a letter to the Goa Town and Country Planning Department, the Goa Bachao Abhiyan (GBA) has inter alia raised the grounds of failure to obtain Environmental Clearance, Cutting and Filing Permission under Section 17A of the Town and Country Planning Act, 1974, wrongful land zoning of the project area, significant water requirement in an already water stressed village, etc. The GBA had also served similar letters on the Directorate of Panchayats and the Goa Real Estate Regulatory Authority.
Additionally, peaceful protests have been organized by the ‘Sancoale Against Mega Project’ group, drawing wide participation from across Goa, including from former Sarpanch Premanand Naik, who entered an indefinite hunger strike in October 2024, demanding the revocation of licenses issued to the Bhutani project.
Tulshidas Naik, the South Goa BJP President, was quoted as extending his support to the movement, despite belonging to the ruling party. Naik was quoted by a local newspaper saying that the “movement has united people from all religions and communities. Although I am the South Goa BJP President, my priority is my village.”
It is pertinent to note that land measuring 35,050 sq mts at Savorfond, Sancoale was purchased by the Project Proponent from ANS Construction Pvt Ltd on 14 July 2023. On the same parcel of land, another private construction company by the name of MTech Developers Pvt Ltd had in 2009 obtained environmental clearance and other licenses for construction of a housing project. However, MTech Developers never commenced construction, and eventually filed for bankruptcy in 2020.
The permissions previously obtained by MTech were submitted by the Project Proponent to the Goa Pollution Control Board, in an effort to obtain a Consent to Establish. However, as no fresh EC was obtained by the Project Proponent, and reliance was placed on the previous EC obtained by MTech Developers, the GPCB rejected the proposal submitted by the Project Proponent.
Furthermore, due to growing pressure from local protests, Goa Chief Minister Pramod Sawant instructed the Town and Country Planning Minister, Vishwajit Rane, to cancel the project if the various permissions granted to it were found to be improper. Sawant indicated that he would recommend to the TCP all files related to permission. Accordingly, a Show Cause Notice was issued in September 2024 by the Town and Country Planning Department to the Project Proponent, seeking a response within seven days.
A petition against the permissions issued to the Project Proponent was filed by Peter Dsouza and other local Sancoale residents before the High Court of Bombay at Goa, who has issued Notices to the Respondent parties.
As of November 2024, the locals were continuing their protest in the form of a chain hunger strike. “We are fighting for the future” local resident Savio Araujo was quoted as saying.
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
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 due to protests
Original Project Deadline
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Other Natural Resource extraction/dependence, Residential area
Whether the project was stalled due to land conflict
Yes
Source/Reference
<https://www.heraldgoa.in/goa/goa/mpda-issues-show-cause-notice-to-bhutani-on-revocation-of-construction-permissions/413570>
Total investment involved (in Crores):
₹
7.85
Type of investment:
Investment Made
Year of Estimation
2024
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
No
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
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
Public Interest Litigation 1884(F) of 2024
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:
Town and Country Planning Department, Government of Goa; Sancoale Village Panchayat
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:
Bhutani Infra Pvt. Ltd.; M/s Parmesh Construction Company
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Goa Bachao Abhiyan; Sancoale Against Mega Project
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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