Goa
,
Xelvona
,
South Goa
Published :
Mar 2017
|
Updated :
Rail freight terminal by Fomento opposed by villagers in South Goa
Reported by
Nihar Gokhale
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
1725
People affected
2016
Year started
20
Land area affected
Households affected
1725
People Affected
2016
Year started
20
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

A rail freight terminal has been proposed in Xelvona, a hamlet in South Goa, on over 50 acres of private land consisting of farms, orchards and forests. The terminal has been proposed by mining firm, Sociedade de Fomento Industrial Pvt Ltd, one of Goa's largest mining firms, to handle 2 million tonnes per annum, each of iron ore and coal, besides smaller amounts of limestone and cement. The land is situated by the Zuari river, a navigable river that links interior Goa with the Mormugao Port. The terminal would integrate a jetty and a railway line. Imported coal and iron ore brought from the port by barges would be loaded onto rail wagons. Ore mined in Goa, for export, would be loaded at the jetty on barges heading to the port.
The villagers, led by the Village Panchayat of Assolda, Xelvona, Xic-Xelvona and Hoddar, have opposed the project, arguing that the activity would severely pollute land and water sources, including the river Kushawati - the project is in its catchment area. While the land is privately held (Fomento is making direct purchases), the villagers contend that coal and ore dust would affect nearby agricultural land. Xelvona has a population of 3000, and all of them use land and water resources. The project received environment clearance from the Goa State Environment Impact Assessment Authority in December 2015.
The Assolda panchayat called a special gram sabha in January 2016, which resolved to oppose the project. The panchayat then appealed, in 2017, to the Goa State Environment Impact Assessment Authority to revoke its clearance. In response, the authority kept its clearance in abeyance and issued a show-cause notice to Fomento. The show-cause hearings have been in progress since then.
The villagers have staged numerous protests in state capital Panaji and at the project site. While 80% of the land has been purchased by Fomento, the panchayat is urging the remaining land owners to not sell the land. The panchayat has also alleged that land was forcibly acquired from farmers for widening of the approach road to the village, which is required for the terminal to operate.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

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?

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

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

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?

4
Additional Information

Government Departments Involved in the Conflict:

Goa State Environment Impact Assessment Authority

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:

Sociedade de Fomento Industrial Pvt Ltd

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Village Panchayat of Assolda, Xelvona, Xic-Xelvona and Hoddar, Curchorem Nagrik Samiti

5
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?

Legal Supporting Documents

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Author
Reported by
Nihar Gokhale
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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

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

Source/Reference

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