Bombay High Court Rejects Clearance to Residential Project Proposed in Goa

Reported by

Nihar GokhaleLand Conflict Watch

Last updated on

December 3, 2019

Location of Conflict

Candola

North Goa

Reason or Cause of Conflict

Township/Real Estate

(

)

People Affected by Conflict

1920

Land Area Affected (in Hectares)

ha

Starting Year

2012

State

Goa

Sector

Infrastructure

Gera Developers, a realestate firm active in Goa and Maharashtra, had proposed to build a residential colony, Enchanted Woods, on a hillock in Khandola in Goa. The residents of Khandola opposed the project, saying that the hillock consisted of forest area and cashew plantations and that it was integral to water security and ecological balance in the area. When the project work began in 2012, the residents protested by blocking trucks going to the site. They formed a committee, the Betki Khandola Samvardhan Samiti, which began collecting evidence against the project. Using the right to information, they found that the project was granted environment clearance and a noobjection certificate by the Village Council in 2011, which was not made public. They also found that the TCP department, which approves projects on landuse grounds, approved plans that indicated construction on a steep slope, which is a nodevelopment zone as per zoning laws. In 2014, the Samiti filed a writ petition in the Bombay High Court in Goa challenging the TCP clearance. Inspections ordered by the court further revealed that while the environment clearance was for a residential project for 600 people, the TCP clearance was for 2,500 people. The Samiti also pointed out that the clearance did not mention any flora, fauna or forests, while its own survey had revealed 14,000 sq.m. of densely forested area. On September 9, 2014, the High Court disposed the petition as the TCP department said it had received a revised proposal, which was under consideration. The court ordered the TCP department to hear the petitioners while considering the application. A revised TCP clearance to the project was granted in March 2015, while the Village Council granted a new construction licence in November 2015, both of which were challenged by the Samiti in a fresh case before the High Court. On September 27, 2018, a division bench of the High Court quashed the new TCP clearance as well as the licence granted by the Village Council on the ground that the authorities did not properly evaluate the impact of the project on water security, sanitation and traffic congestion. The court directed the government to evaluate any fresh application for the project considering these factors.

Demand/Contention of the Affected Community

Region Classification

Type of Land

Both

Type of Common Land

Forest and Non-Forest

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

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:

Legal Status:

Status of Case In Court

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Major Human Rights Violations Related to the Conflict:

Whether criminal law was used against protestors

Official name of the criminal law. Did the case reach trial?

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

Government Departments Involved in the Conflict:

Village Council of Betqui-Candola , Department of Town and Country Planning, Government of Goa, Department of Environment, Science and Technology, Government of Goa

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:

Gera Developers Pvt Ltd, Sadekar Enviro Engineers Pvt Ltd

Did LCW Approach Corporate Parties for Comments?

Name, Designation and Comment of Corporate Authorities Approached

Other Parties Involved in the Conflict:

Resources Related to Conflict

  • News Articles Related to the Conflict:
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Documented By

Nihar Gokhale

Reviewed By

Nihar Gokhale

Updated By

Nihar Gokhale

Edited By

Nihar GokhaleLand Conflict Watch
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