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.