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Published on
February 15, 2023
February 16, 2023
Edited on
February 15, 2023
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.
Opposition against environmental degradation
Complaint against procedural violations
Modification in project plan/execution
Rural
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?
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?
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.
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
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Advocacy (for inclusion in courts)
Campaigns (grassroots organisations/press releases/media)
Complaints/petitions/letters/memorandums to officials
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:
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?
Areas where land filling work has been undertaken in Mungul
Image Credit:
Royla Fernandes
Image Credit:
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