Gera Developers, a real-estate firm in Goa and Maharashtra, had proposed to build a residential colony, "Enchanted Woods", on a hillock in Khandola in Goa. The residents 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 from 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 environmental clearance (EC) and a no-objection certificate by the Khandola panchayat in 2011, which was not made public. They also found that the Town and Country Planning (TCP) Department, which approves projects on land-use grounds, approved the plan that indicated construction on a steep slope, which is a no-development zone as per zoning laws. In 2014, the Samiti filed a writ petition in the High Court of Bombay at Goa challenging the clearance.
Inspections ordered by the court further revealed that while the EC was for a residential project for 600 people, the TCP Department's 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 square metres of densely forested area.
On September 9, 2014, the high court disposed of the petition as the TCP Department said it had received a revised proposal, which was under consideration. The court ordered the department to hear the petitioners while considering the application. A revised TCP clearance to the project was granted in March 2015, while the panchayat 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 panchayat 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. While hearing the matter again in January 2020, the court permitted the petitioner to submit additional documents as evidence.
Demand/Contention of the Affected Community
Demand to retain/protect access to common land/resources
Complaint against procedural violations
Opposition against environmental degradation
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common and Private
Forest and Non-Forest
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?
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
Yes
Significance of Land to Land Owners/Users
Other Natural Resource extraction/dependence, Other environmental services
Whether the project was stalled due to land conflict
Yes
Source/Reference
<https://timesofindia.indiatimes.com/city/goa/Betki-Khandola-locals-hold-protest-over-ecology-issues/articleshow/26333588.cms> <https://www.heraldgoa.in/Goa/The-Sunday-Roundtable/khandola-residents-want-mega-project-scrapped/70937> <http://ingoanews.com/cancel-permit-for-gera-project-demand-betki-khandola-locals/>
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
Other
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.
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:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Bombay at Goa
Case Number
PIL WP No. 3 of 2014 (disposed of), PIL WP No 14 of 2016
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Betqui-Candola panchayat, Town and Country Planning Department; Department of Science, Technology and Environment
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 Private Limited, Sadekar Enviro Engineers Private Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Betki Khandola Samvardhan Samiti
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?
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