The Proposed Construction of High Level New Borin Bridge on NH-17B, as being planned to be executed across River Zuari by the Public Works Department (‘PWD’) of the State Government of Goa, has led to significant backlash from the local South Goans.
Through a Gazette Notification of 19 October 2023, the Ministry of Road Transport and Highways declared its intention to acquire 39.3184 ha from four villages of Goa, viz., Loutulim, Borim, Quela and Bandora, with a majority of the land belonging to the low-lying villages of Loutulim and Borim.
This entire area largely comprises ‘khazan lands’, which are part of an intricate land use system comprising of bandhs made of clay and sluice gates that not only support paddy fields, but also proves an invaluable source of fisheries for the local communities of Loutulim and Borim villages.
By estimates of local residents, over 1.6 lakh square metres sought to be acquired for the project falls within the sensitive Coastal Regulation Zone (CRZ) area, and must accordingly be protected as per the provisions of the CRZ Notification of 2011. However, the protective provisions of the CRZ Notification, as well as other environmental regulations such as the EIA Notification, 2006 and the Forest (Conservation) Act, 1980, are allegedly sought to be circumvented by the executing PWD of Goa.
The PWD of Goa, responsible for the Projects execution, had previously commissioned a study on possible alignments of the bridge. As per the PWD Goa, the selected alignment has been considered the best option “considering that the shortest distance for traffic on NH-17B leading to Mormugao Port and its priority”. However, locals allege that such statements by the State Government is indicative of its failure to prioritize environmental consequences for the ecology of the area.
The farmers and residents of Loutolim and Borim have been protesting against the proposed reconstruction of the Borim bridge, seeking to protect their ‘khazan lands’ as the locals are convinced that the project will ruin the ancient 'khazan' fields and endanger both their way of life and the livelihood of the nearby fishermen. The locals also allege that not only has the PWD of Goa selected an environmentally damaging alternative out of the seven submitted before them, but also claim that at present, there already is in existence an operational ‘Borim Bridge’ running over the river Zuari, which thereby negates the need for the proposed reconstruction.
As on 9 August 2024, the National Green Tribunal admitted a petition filed by local residents against the construction of project, claiming that there have been serious concealments of relevant information by the authorities, and have accordingly sought for the project to be passed through the rigours of various applicable environmental permissions, including Environmental Clearance, CRZ Clearance and Forest Clearance, prior to issue of any land acquisition notice under the National Highways Act, 1956, as is being sought to be done by the PWD of Goa.
Local resident Xavier Fernandes has stated before the NGT on affidavit that the “entire process of design, selection of alternatives, land acquisition and dismissal of objections has been carried out under the false premise that only one survey number is within CRZ, while the actual number of survey numbers within CRZ is 240.” Fernandes further goes on to state that “the project corridor also has a significant amount of tree plantation, approximately 4,875 trees need to be cur with the current alignment of the project”.
The irreversible damage previously caused to 'Khazan lands' due to construction projects executed by the State Government has left locals apprehensive about the fate of the Khazan lands likely to be impacted by the present construction. Additionally, as the villages of Loutulim and Borim are found in low-lying areas, any destruction of the 'Khazans' is likely to lead to flooding in the entire area, as the bandhs act as natural barriers against rising tides. All these issues have been raised before the NGT.
In response to the NGT petition, the Environment Minister of Goa, Alexio Sequeira has been quoted as saying that “the government will have no option but to accept the judgment of the court”.
The matter is listed for further hearing on 22 October 2024.
Demand/Contention of the Affected Community
Demand to cancel the project
Opposition against environmental degradation
Complaint against procedural violations
Refusal to give up land for the project
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common and Private
Forest, 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
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Water bodies, Agricultural land, Fishing, Non-agri rural enterprise
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
20.51
Type of investment:
Cost of Project
Year of Estimation
2023
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
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:
Controversial land acquisition by the government
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)
National Green Tribunal
Case Number
O.A. 117 of 2024(WZ)
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:
Public Works Department, Goa; Ministry of Road Transport and Highways
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:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Deorbhatt and Tamxell Tenants Association
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?
Maitreya is an independent environmental law practitioner having secured a B.A.LL.B. (Hons) from Hidayatullah National Law University.
Initiating his legal practice at the chambers of ex-President of the NGT Western Zone Bar Association Adv. Asim Sarode, Maitreya has gone on to work with the 2021 Right Livelihood awardee 'Legal Initiative for Forest and Environment' (LIFE) before commencing independent environmental law practice before various benches of the National Green Tribunal in 2022.
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