On 27 February 2022, residents of four villages — Warkhand, Nagzar, Tulaskarwadi, and Dhargal — in North Goa’s Pernem taluka staged a protest against the construction of a link road that is purported to ease connectivity to the state’s new airport in Mopa. The protesters, organised under the banner of the Dhargal Mopa Shetkari Sangharsh Samiti, included residents and cashew farmers who claimed that their lands had been unfairly acquired and were being destroyed.
The 6.6-km six-lane road will connect the NH-66 in Dhargalim to Mopa near Varconda. It has a 2.7 km elevated section, along with four road overbridges and a four-leg interchange. Anticipating a growth in traffic and tourist footfall after the opening of the greenfield airport at Mopa, the Ministry of Road Transport and Highways (MoRTH) had declared the proposed road as National Highway 166SS and entrusted state authorities to develop it.
Plans to acquire land for the link road were cleared by the state cabinet in November 2020. This was followed by a MoRTH notification to acquire 46 hectares of land, immediately drawing opposition from villagers. The acquisition notification had been issued under Section 3A (1) of the National Highways Act.
In early 2021, as many as 49 petitioners filed four appeals before the Goa bench of the Bombay High Court. One set of petitioners claimed that the link road would destroy their farm lands and affect their only source of livelihood. Another set of petitioners challenged the acquisition of land under the National Highways Act instead of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. They pointed out that the LARR mandates a social impact assessment study and a public hearing before land acquisition. Applying the National Highways Act allowed the contractor, Ashok Buildcon Ltd, to surpass these provisions.
Additionally, one of the petitions also challenged the acquisitions claiming that tracts of the land were part of the Tillari Irrigation Project and a notified Command Area. According to these petitioners, an existing connecting road was already undergoing widening and acquisition proceedings, rendering the need for a new link road void.
Meanwhile, as opposition to the work continued to grow, the Warkhand-Nagzar Panchayat issued a stop-work notice to the developers on February 24 2022. The protests escalated when the construction work continued despite the order. The contractor then filed an appeal against the stop work order with the additional Director of Panchayat (DOP). On 28 February, the DOP by an ex-parte order stayed the stop-work notice. Subsequently, on April 2, 2022, it issued its final order, asking the Warkhand panchayat to withdraw its order and allow work to resume.
On 13 April 2022, the Bombay High Court conducted a series of hearings based on the four writ petitions. It dismissed the petitions, noting that “the Highways Act has withstood the test of time and there [have] been occasions where it has been subjected to judicial review and its provisions have not been held to be unconstitutional … In the present case, the challenge does not meet the test of illegality or unreasonableness.”
On the contention that the acquisitions were infringing on Article 300A, it observed that the state may exercise its power of eminent domain to interfere with the right of property, as long as it is for a public purpose and compensation has been paid. Further, it noted that the provisions of the LARR do not apply to certain cases listed under the fourth schedule of the Act, which includes acquisitions made under the National Highways Act.
Subsequently, a case was filed in the NGT, claiming that Ashok Buildcon Ltd had been carrying out the construction without an environmental clearance. The case too was disposed of in September 2022, expressing full agreement with the HC order.
The construction of the Mopa Link Road was completed in July 2024, and was inaugurated by transport minister Nitin Gadkari. According to latest government figures, shared on October 19, 2021 in response to a question raised in the state Legislative Assembly, Rs 18.63 lakh had been paid out as compensation and Rs 60.39 crore was yet to be paid.
Demand/Contention of the Affected Community
Demand to cancel the project
Demand to get back acquired land
Demand for more compensation than promised
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 completed
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Agricultural land
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
1183
Type of investment:
Cost of Project
Year of Estimation
2024
Has the Conflict Ended?
Yes
When did it end?
The Mopa Link Road has been constructed and inaugurated.
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.
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:
Non-consultation with stakeholders
Controversial land acquisition by the government
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
National Green Tribunal
Name(s) of the Court(s)
Bombay High Court
Case Number
WP 1119 of 2021(F); WP1128 of 2021 (F); WP 1127 of 2021 (F); WP 1149 of 2021(F); NGT OA 40/2022
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:
Ministry of Road Transport and Highways, Government of Goa, Director of Panchayat, Public Works Department, Warkhand-Nagzar panchayat, Tulaskarwadi-Dhargal 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:
Ashok Buildcon Ltd
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Dhargal Mopa Shetkari Sangharsh Samiti
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?
Malavika graduated from Azim Premji University with a Master's in Development. She has worked as a journalist and has written for Hindustan Times, Scroll and Mint Lounge.
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