Goa
,
Benaulim
,
South Goa
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Benaulim residents demand that Western Bypass be built on stilts, not earthen embankments
Reported by
Malavika Neurekar
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
300
People Affected
2019
Year started
Land area affected
Households affected
300
People Affected
2019
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Residents of Benaulim, a South Goan village, have demanded that a part of the Margaon National Highway Western Bypass Road be built on stilts instead of earthen embankments. The concerned part is 2.75 Km stretch that passes through the villages of Seraulim to Benaulim.

Residents contend that continuing the construction on the embankments would be damaging to the local ecology, as it would require filling of lakes and other water bodies as well as khazan lands (lands reclaimed from the river or sea). These lands are usually used for agricultural and fishing activities. Any damage to these areas is likely to impact agricultural and fishing related livelihoods in the area. Further, construction of the road on an earthen embankment involves land-filling which can block sewerage channels. Residents in Benaulim are already noticing water logging in the area.

According to a petition in the National Green Tribunal (NGT), the Public Works Department (PWD) and the contractor did not obtain permissions from concerned authorities – namely, Goa Coastal Zone Management Authority, the State Environmental Impact Assessment Authority, the Goa State Biodiversity Board, the Goa State Wetland Authority, the Town and Country Planning Department (TCPD), and the Benaulim Panchayat – before starting the work.

In November 2019, locals submitted their complaints to various authorities including the PWD, Water Resources Department (WRD), and the TCPD. This was followed by a joint inspection by these authorities along with the Directorate of Agriculture in December that year, and inspection reports were prepared. They recommended, among other things, that the bypass be built on stilts to minimise environmental impact.

The 11.09-km Western Bypass Road had been proposed for decongesting traffic through Margao city. Work on the section from Nuvem to Seraulim has been completed and, according to the NGT petition, was built on agricultural and khazan land. Social worker and Benaulim resident Royla Fernandes had filed the petition seeking that the remaining 2.75-km stretch from the wholesale fish market in Seraulim to Varca Road in Benaulim be built on stilts.

The recommended changes would raise the cost of the project from Rs 148.41 crore to Rs 218.94 crore, community members have pointed out. The petitioner pointed out that construction of the road on embankments would cause water stagnation and increased flooding, particularly in areas like Khareband, Tolleaband and Padda. She has sought directions from the court for the concerned authorities to conduct an environment impact assessment and submit a list of identified wetlands, as per an earlier 2019 NGT order. She has also sought an interim order restricting the contractor and PWD from proceeding with the work till the NGT concludes it hearing. 

After the first hearing, in June 2021, the NGT directed the formation of a 10-member panel comprising experts from Goa State Biodiversity Board, Goa State Wetland Authority, Goa Coastal Zone Management Authority, State Environmental Impact Assessment Authority, South Goa District Magistrate, Water Resources Department, Public Works Department, State Pollution Control Board, National Wetland Authority and a PCCF (HoFF), Goa.

In November 2021, the panel recommended that the 980-metre stretch from Seraulim to the Mungul railway bridge be built on stilts but stayed silent on the stretch from Mungul to Benaulim.

Simultaneously, Fernandes filed a Miscellaneous Civil Application (208/2021) in a 2015 High Court case, asking that the court take note of the objections raised in the NGT plea. In 2015, the Goa bench of the Bombay High Court had taken suo moto cognizance of the delay in executing construction work on the bypass.

In its third hearing, the NGT in May 2022 said that it would hear the matter further only after High Court concludes the PIL to avoid passing conflicting orders. “There is no reason for NGT to defer hearing, because the HC case is completely different. The PIL in HC is regarding expediting construction work and has nothing to do with the environment. My plea in the NGT highlights the ecological concerns that this project raises,” Fernandes told LCW.

Even while the case is pending, land filling of water bodies has been taking place along the stretch. Residents have submitted a memorandum to the governor led by Aam Aadmi Party MLA Venzy Viegas. They also launched a signature campaign to raise their concerns. In July 2022, the village was inundated with rain, further intensifying the demand for stilts.

The next hearing of the matter in the High Court took place in January 2023. The discussion largely focused on the speeding up the project.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Modification in project plan/execution

Region Classification

Rural

Type of Land

Common and Private

Non-Forest (Other than Grazing Land)

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

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

fishing, Water bodies, Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

148.41

Type of investment:

Cost of Project

Year of Estimation

2022

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Malavika Neurekar

Goa

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

Benaulim residents demand that Western Bypass be built on stilts, not earthen embankments

Reported by

Malavika Neurekar

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Updated by

Malavika Neurekar

Published on

February 15, 2023

May 13, 2024

Edited on

March 13, 2023

February 15, 2023

Sector

Infrastructure

Reason or Cause of Conflict

Roads

Starting Year

2019

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

People Affected by Conflict

300

State

Goa

Sector

Infrastructure

People Affected by Conflict

300

Households Affected by Conflict

Land Area Affected (in Hectares)

ha

Starting Year

2019

Location of Conflict

Benaulim

South Goa

Reason or Cause of Conflict

Roads

Land Conflict Summary

Residents of Benaulim, a South Goan village, have demanded that a part of the Margaon National Highway Western Bypass Road be built on stilts instead of earthen embankments. The concerned part is 2.75 Km stretch that passes through the villages of Seraulim to Benaulim.

Residents contend that continuing the construction on the embankments would be damaging to the local ecology, as it would require filling of lakes and other water bodies as well as khazan lands (lands reclaimed from the river or sea). These lands are usually used for agricultural and fishing activities. Any damage to these areas is likely to impact agricultural and fishing related livelihoods in the area. Further, construction of the road on an earthen embankment involves land-filling which can block sewerage channels. Residents in Benaulim are already noticing water logging in the area.

According to a petition in the National Green Tribunal (NGT), the Public Works Department (PWD) and the contractor did not obtain permissions from concerned authorities – namely, Goa Coastal Zone Management Authority, the State Environmental Impact Assessment Authority, the Goa State Biodiversity Board, the Goa State Wetland Authority, the Town and Country Planning Department (TCPD), and the Benaulim Panchayat – before starting the work.

In November 2019, locals submitted their complaints to various authorities including the PWD, Water Resources Department (WRD), and the TCPD. This was followed by a joint inspection by these authorities along with the Directorate of Agriculture in December that year, and inspection reports were prepared. They recommended, among other things, that the bypass be built on stilts to minimise environmental impact.

The 11.09-km Western Bypass Road had been proposed for decongesting traffic through Margao city. Work on the section from Nuvem to Seraulim has been completed and, according to the NGT petition, was built on agricultural and khazan land. Social worker and Benaulim resident Royla Fernandes had filed the petition seeking that the remaining 2.75-km stretch from the wholesale fish market in Seraulim to Varca Road in Benaulim be built on stilts.

The recommended changes would raise the cost of the project from Rs 148.41 crore to Rs 218.94 crore, community members have pointed out. The petitioner pointed out that construction of the road on embankments would cause water stagnation and increased flooding, particularly in areas like Khareband, Tolleaband and Padda. She has sought directions from the court for the concerned authorities to conduct an environment impact assessment and submit a list of identified wetlands, as per an earlier 2019 NGT order. She has also sought an interim order restricting the contractor and PWD from proceeding with the work till the NGT concludes it hearing. 

After the first hearing, in June 2021, the NGT directed the formation of a 10-member panel comprising experts from Goa State Biodiversity Board, Goa State Wetland Authority, Goa Coastal Zone Management Authority, State Environmental Impact Assessment Authority, South Goa District Magistrate, Water Resources Department, Public Works Department, State Pollution Control Board, National Wetland Authority and a PCCF (HoFF), Goa.

In November 2021, the panel recommended that the 980-metre stretch from Seraulim to the Mungul railway bridge be built on stilts but stayed silent on the stretch from Mungul to Benaulim.

Simultaneously, Fernandes filed a Miscellaneous Civil Application (208/2021) in a 2015 High Court case, asking that the court take note of the objections raised in the NGT plea. In 2015, the Goa bench of the Bombay High Court had taken suo moto cognizance of the delay in executing construction work on the bypass.

In its third hearing, the NGT in May 2022 said that it would hear the matter further only after High Court concludes the PIL to avoid passing conflicting orders. “There is no reason for NGT to defer hearing, because the HC case is completely different. The PIL in HC is regarding expediting construction work and has nothing to do with the environment. My plea in the NGT highlights the ecological concerns that this project raises,” Fernandes told LCW.

Even while the case is pending, land filling of water bodies has been taking place along the stretch. Residents have submitted a memorandum to the governor led by Aam Aadmi Party MLA Venzy Viegas. They also launched a signature campaign to raise their concerns. In July 2022, the village was inundated with rain, further intensifying the demand for stilts.

The next hearing of the matter in the High Court took place in January 2023. The discussion largely focused on the speeding up the project.

Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Modification in project plan/execution

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

Non-Forest (Other than Grazing Land)

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?

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

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

fishing, Water bodies, Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

148.41

Type of investment:

Cost of Project

Year of Estimation

2022

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Biological Diversity Act, 2002
Section 7 [The State Biodiversity Board must be given prior intimation of activity which may negatively affect conservation efforts] Section 37 [State government to declare biodiversity heritage sites in areas of biodiversity importance in consultation with local bodies]
Wetlands (Conservation and Management) Rules, 2010
Rule 4 [Restriction of activities on wetlands to include any construction of permanent nature] Rule 6 [State must identify and prepare a list of wetlands to be protected]
Goa, Daman and Diu Town and Country Planning Act, 1974
Section 44 [Development projects seeking to utilize land under the Planning and Development Authority must obtain prior permission from the Authority in writing]
Coastal Regulation Zone Notification, 2011
V(3) [Areas that require special consideration include khazan lands in Goa. Such Khazan lands have to be mapped and protected. No development activities can be allowed in such lands.]
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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.

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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.

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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.

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

Non-consultation with stakeholders

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

National Green Tribunal (Western Bench)

Case Number

OA 42/2021 [NGT Western Zone], PIL [Suo Motu] 1 of 2015 [Bombay High Court]

Main Reasoning/Decision of court

In 2021, an Original Application was filed against the project before the National Green Tribunal citing violation of environmental norms. The Applicant argued that the highway would go through the flood plains of river Sal and other water bodies. These water bodies are yet to be notified as wetlands. In June 2021, the Tribunal noted that waterbodies, including wetlands and mangroves, need to be protected. Accordingly, a ten member joint Committee was constituted to take stock of the situation. In November, 2021, the Advocate General stated that 80% of the project work had been completed and only a 2.75 km stretch remained. However, due to the pendency of another matter (PIL [Suo Motu] no. 1 of 2015) before the Bombay High Court, the NGT declined to proceed further until the High Court matter had concluded. The matter before the Bombay High Court however is concerned with the timeline of the project to be completed. The matter was first taken up by the High Court in June 2015 of its own accord to ensure that the Margao Western Bypass Project be completed expeditiously. As of September 2022, the contractor has stated that the remaining 2.75 km will be completed by April 2024. However, the High Court has continually criticized the delay in the project and stated that the project must be finished by December 2023 without “giving the usual excuses”. The issue of environmental norms is not being considered by the High Court. The matter is slated to be heard on February 1, 2023.

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Goa state government; Ministry of Road, Transport and Highways; Goa Coastal Zone Management Authority; Goa State Environment Impact Assessment Authority; Goa State Biodiversity Act; Goa State Wetland Authority; Public Works Department; Water Resources Department; Town & Country Planning Department; Directorate of Agriculture; Collector (South Goa); Benaulim Panchayat

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:

M/s M. Venkata Rao Infra Projects Pvt Ltd

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Areas where land filling work has been undertaken in Mungul

Image Credit:  

Royla Fernandes

Image Credit:  

Video

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