Residents of Agarwada village have opposed the proposed construction of a corporate guesthouse on agricultural tenanted land in the village. According to a resident, who wished to remain anonymous, the plan of the company is to develop the guesthouse into a larger project eventually.
The proposed site is the immediate bank of the Chapora tidal river, which is surrounded by mangroves. The entire area comprises either khazan land (agricultural land close to tidal water bodies), salt pans or paddy fields. Most of the paddy fields are tenanted under the provisions of the Goa, Daman and Diu Agricultural Tenancy Act, 1964, which prohibits the sale of agricultural tenanted land, and are protected under Section 2 of the Goa Land Use Act, 1991.
The property in question consists of multiple agricultural fields and salt pans, which have been used by the villagers for cultivation. A part of the property also forms a pathway to access the Chapora river for fishing, the main source of livelihood for the residents, besides collecting shell fish and mussels.
In 2016, the property was bought by M/s KCT RealCon, a Kolkata-based real estate firm, allegedly through illegal sales, according to a PIL filed by the non-profit Goa Foundation. In 2017, a fence with a locked gate was erected around a part of the property, blocking the access of the villagers to the salt pans and the river.
The residents allege that the sluice gate (to regulate the flow of tidal water into the khazan fields) and the 'nallah' that facilitates the drainage of water from the village also fall within the property and that access to the same has been blocked (see other documents related to conflict). They claim the 'nallah' has been considerably narrowed by dumping of mud for construction, which led to the flooding of agricultural fields in the vicinity in 2018 and 2019.
After repeated complaints against their blocked access to the fields and river and the illegal construction to government authorities proved futile, the villagers, along with the Goa Foundation, approached the High Court of Bombay at Goa in 2018 seeking relief. On 6 March 2019, the Goa Coastal Zone Management Authority (GCZMA) took cognizance of the issues raised in the petition, which was filed by the Goa Foundation in September 2018, and issued a preliminary order against the company, directing it to maintain status quo on the construction, to allow the villagers access to the river and salt pans and to remove the encroachment in the 'nallah'.
The GCZMA also directed a government agency, the National Centre for Sustainable Coastal Management, to conduct an inspection and provide a detailed report on the various violations alleged in the petition. The report is awaited.
The villagers, meanwhile, claim that the company has not complied with the directive of the GCZMA to provide them access to the river and the 'nallah'.
By its order dated 20 February 2020, the High Court of Bombay at Goa dismissed the PIL filed by the Goa Foundation on the grounds that various alternate remedies existed, which the High Court opined, ought to be exercised prior to pursuing legal proceedings before the High Court. Furthermore, due to a Stop Work Order being issued to the Developers by the State Authorities, the High Court refused to adjudicate on the issue of conversion of tenanted land. No further development has been observed in the matter.
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
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
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Agricultural land, Other Natural Resource extraction/dependence
Whether the project was stalled due to land conflict
Data Unavailable
Source/Reference
Data on current status of project is unavailable.
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
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:
Land record discrepancies
Legal Status:
In Court
Status of Case In Court
Disposed
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
PIL WP 34/2018
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 Coastal Zone Management Authority; Mamlatdar of Pernem
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:
M/s KCT Realcon Pvt LTd
Did LCW Approach Corporate Parties for Comments?
No
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?
Anamika is an environmental lawyer based in Goa. She works with the Goa Foundation and the civil society in matters of environmental law and human rights, with a primary focus on issues arising from illegal mining, pollution, violation of coastal regulations and unsustainable planning. She is currently working on research related to conflict between tourism and wildlife/marine habitat conservation.
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