The residents of Usgao village in Goa have opposed the expansion of the MRF Tubes and Tyre Factory in their village. According to them, the existing unit, which was set up in 1971, has been a source of air pollution.
They believe the proposed expansion will exert pressure on the natural resources in the area, besides affecting public health and the quality of life. There is already rampant industrial activity in the vicinity resulting from three other industrial plants -- Nestle, Finolex and Devyani Foods.
Another major concern of the residents is that the location of the factory and expansion site is adjacent to Khandepar river, a major source of water for the village residents as well as for the Opa Water Works, which supplies water to almost 40 per cent of Goa. The expansion proposal states that the project will require 0.35 million litres of water per day from Khandepar river. A study of all government documents by environmental non-profit Goa Foundation, submitted by MRF to the court, reveals that no environmental study has been carried out before the site was chosen for the expansion.
The expansion proposal was approved by the Goa Investment Promotion and Facilitation Board in 2015, following which other authorities, such as the Town and Country Planning Department, granted the required permissions. The panchayat, on the other hand, had passed two resolutions on 28 March and 20 November in 2016 rejecting the expansion of the plant.
In January 2017, a large number of coconut and other trees were felled at the site. This prompted the residents to immediately approach the authorities to take action against the tree felling and development work.
In May 2018, the Dhatwada Usgao Citizens Forum, a civil society group, along with the Goa Foundation, filed a public interest litigation before the High Court of Bombay at Goa challenging the permissions granted for the expansion and seeking a stay order on construction activities and development work that had commenced.
On 11 September 2019, the High Court directed MRF to stop work at the site. The case is pending.
A separate petition by activist Kashinath Shetye in the National Green Tribunal – also challenging the factory expansion – was disposed of on 24 September 2020. The tribunal noted that there had been no forest or wetland violations, the project was not in a buffer zone of a water body, and is a zero liquid discharge project.
In September 2022, the State EIAA cleared the expansion plan under provisions of EIA Notification 2006 based on a report submitted by the engineer of Goa-SEIAA. It placed some conditions on the project proponent, including installation of mist fans and water sprinklers to minimise dust, and added that it holds the right to revoke clearance if conditions are not met.
Demand/Contention of the Affected Community
Refusal to give up land for the project
Opposition against environmental degradation
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common
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
Water bodies, Other Natural Resource extraction/dependence
Whether the project was stalled due to land conflict
Yes
Source/Reference
<https://www.heraldgoa.in/Goa/HC-stays-excavation-for-MRF-factory-expansion/151091>
Total investment involved (in Crores):
₹
800
Type of investment:
Year of Estimation
2015
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Other, Environmental Laws
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:
Violation of environmental laws
Violation of free prior informed consent
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
PIL WP 17/2018
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 Investment Promotion and Facilitation Board, Goa Town and Country Planning Department, Directorate of Mines and Geology, Department of Water Resources, Goa State Pollution Control Board
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:
MRF Private Limited (Madras Rubber Factory)
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Residents
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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