Goa
,
Amdai, Sanguem tehsil
,
South Goa
Published :
Jun 2017
|
Updated :
South Goa Residents Oppose Brewery-cum-Distillery near Uguem River, Project Put on Hold
Reported by
Nihar Gokhale
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
600
Households affected
2880
People affected
2016
Year started
12
Land area affected
600
Households affected
2880
People Affected
2016
Year started
12
Land area affected
Key Insights
Sector
Industry
Reason/Cause of conflict
Beverages
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Industry
Reason/Cause of conflict
Beverages
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Residents of Amdai, a settlement on the outskirts of Sanguem town in South Goa, have been opposing a large brewery and distillery factory proposed in their area since 2016. The factory is promoted by Vani Agro Farms, a New Delhi-based company that has permission to produce up to five crore litres of beer every year, besides other spirits.
The project is located near Uguem River, which is a lifeline for Amdai as well as for the settlements of Uguem village downstream of the proposed factory. The residents feel that the factory's massive water requirement of five lakh litres per day will dry up the river and their water sources. Although the company has clarified that it would use water from the nearby Salauli Dam, people are not convinced.
They claim to have received some documents using the Right To Information Act, which shows that the brewery has permissions from the government to draw water from the river. The people are also agitated that the factory is coming up on a coconut orchard and entails cutting nearly 500 coconut trees. The residents allege that Goa's infamous 2015 amendment to the Goa, Daman and Diu Preservation of Trees Act, 1984, which removed coconut from the list of protected trees, was done specifically to favour this brewery.
In response to various news reports, Vani Agro has denied any connection with the coconut amendment but has admitted that because of it, it does not require any permissions for cutting the coconut trees. The residents are also angry that the government declared the factory land as an "Investment Promotion Area" under the Goa Investment Promotion Act, 2014, which takes away the panchayat's powers to veto the project.
The residents say that being a "red category" industry, a brewery cannot come up on orchard land as per Goa's zoning laws. The villagers, along with the non-profit Goa Foundation, filed a writ petition before the Bombay high court, seeking the project's clearance by the Goa Investment Promotion and Facilitation Board to be cancelled as it is a 'Red' category industry. The petition also challenged the Town and Country Planning Department's decision to convert the land use from 'Orchard' to 'Industry'.
In April 2017, the coalition government in Goa considered reversing the coconut tree amendment and also reviewing all decisions given by the Board. Subsequently, the project was kept on hold until the government reviewed it.
In 2018, the Board, chaired by then Chief Minister (now deceased) Manohar Parrikar decided to review the project through an external consultant. Since then, the project has been on hold.

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

Water bodies, Residential area

Whether the project was stalled due to land conflict

Yes

Source/Reference

<https://www.newslaundry.com/2017/05/05/the-green-guardians-of-goa-a-citizens-movement-against-a-brewery> <https://timesofindia.indiatimes.com/city/goa/vani-agro-project-on-hold-govt-to-review-it/articleshow/59746766.cms> [Government is considering relocating the project to another site instead of scrapping it]

Total investment involved (in Crores):

138

Type of investment:

Cost of Project

Year of Estimation

2016

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 Investment Promotion and Facilitation Board

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:

Vani Agro Farms Private Limited

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Goa Foundation

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

Water bodies, Residential area

Whether the project was stalled due to land conflict

Yes

Source/Reference

<https://www.newslaundry.com/2017/05/05/the-green-guardians-of-goa-a-citizens-movement-against-a-brewery> <https://timesofindia.indiatimes.com/city/goa/vani-agro-project-on-hold-govt-to-review-it/articleshow/59746766.cms> [Government is considering relocating the project to another site instead of scrapping it]

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