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Published on
July 31, 2023
August 3, 2023
Edited on
July 31, 2023
In April 2023, the Caurem-Pirla gram sabha or village council in South Goa, passed a resolution to oppose any state plans to divert forest land for a mining project.
The diversion of forest land has been proposed at the mountain at Survey no 19/0, an area which consists of forest and agricultural land. The Zamblidadga Iron and Manganese Ore Mine is spread across 70.20 hectares on the mountain, and lies at the heart of this conflict.
Located in Quepem, Caurem has a significant Scheduled Tribe population, a large number of whom belong to the Velip and Gaonkar communities.
The gram sabha's resolution comes after the mine owners of the area sought environmental clearance to carry out open cast iron ore mining in the area. According to the villagers, the land is a proposed reserve forest under the Indian Forest Act, 1927. It has one Community Forest Right (CFR) and 149 Individual Forest Right (IFR) claims pending since 2015.
As per the tribes people, they have been exploited for centuries by the Dessais, an upper caste community which forms a small slice of the village population. Earlier this used to occur through collusion with Portuguese colonisers. Today, it occurs through their collusion with mining corporations.
Mining began in Caurem in the 1960s, and intensified in 2004 with the onset of mechanised mining. Village residents claim land control was captured by mining companies through various illegal means.
"Mining has disrupted traditional agriculture and water supply, and caused a lot of damage in our village. It has led to a depleted water table, polluted fields and water bodies, and affected cultivation of paddy, coconut, jackfruit and cashew, among other crops" said tribal activist and resident Ravindra Velip.
The lease is [held](https://ibm.gov.in/writereaddata/files/07042022120458mcdr_rep_revised ZAMBLIDADGA.pdf) by late Naraina S Quirtonim and is [owned](https://ibm.gov.in/writereaddata/files/07042022120458mcdr_rep_revised ZAMBLIDADGA.pdf) by Pradnya Zoivant Poi Cano. According to Velip, “local communities have traditionally depended on these forests for agriculture and foraging; it is linked to our livelihoods. But there is also a lot of cultural and religious significance attached to the mountains.”
A report on Caurem, prepared by village elders and accessed by LCW, details the ecological and cultural significance of the mountain. Villagers use the land at Survey 19/0 for cultivation as well as to procure honey, wild mushrooms, and berries. A spring that starts at the bottom of the mountain provides irrigation to other parts of the villages.
The mountain also serves as a site to make religious offerings as the villagers believe that it is the abode of several local gods. “[In present day], the tribals could build their houses, educate their children and buy two wheeler vehicles with little savings only with blessings of this mountain,” the report reads.** **
The Community Forest Right (CFR) claim was made in July 2015 under the Forest Rights Act (FRA) 2006. The villagers had submitted their CFR claim to the Sub-Divisional Level Committee (SDLC).
In April 2017, villagers submitted a reminder after no initiative was taken to process the claim.
In February 2023, they filed an RTI to find out the status of the CFR claim, but their concerns were not adequately addressed, according to Velip.
“The claims for CFR have been pending with the authorities for seven years and despite multiple attempts, we have not received any favourable response. Instead, they have started the process to grant an Environmental Clearance for mining,” added Velip.
On March 6, 2023, the Goa State Pollution Control Board (GSPCB) announced that a public hearing would be held on April 11, 2023 to decide on the Environment Clearance sought by the mining lease owners.
The terms of reference for conducting the environmental impact assessment (EIA) had been heard and approved by the Goa State Environment Impact Assessment Authority (SEIAA) in March 2022. The EIA was conducted between March 1, 2022 and May 31, 2022, while the environmental
On April 5, 2023, the GAKUVED Federation – comprising four ST communities in the state, Gawada, Kunbi, Velip, and Dhangar – approached the Goa bench of the High Court. They requested that the CFR claim be fast-tracked and that the Environment Clearance not be processed before the settling of the claim. The federation also sought directions for restraining the scheduled public hearing.
Subsequently, the public hearing scheduled for April 11 was cancelled by the GSPCB on direction of the South Goa District Magistrate. Report suggested that the move was taken in anticipation of a law and order situation. The PIL was admitted to court on April 25, 2023.
LCW has approached the mining lease owners for comments but did not receive a response at the time of filing the report.
Demand to cancel the project
Opposition against environmental degradation
Refusal to give up land for the project
Demand to retain/protect access to common land/resources
Rural
Common
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?
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
Agricultural land, Grazing, Other Natural Resource extraction/dependence, Religious/Sacred/Cultural value, Water bodies
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
51.9
Type of investment:
Cost of Project
Year of Estimation
Page Number In Investment Document:
5
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.
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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.
Whether claims/objections were made as per procedure in the relevant statute
Yes
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:
Non-implementation/violation of FRA
Scheduled Tribe status or lack of status
Lack of legal protection over land rights
Violation of free prior informed consent
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)
Bombay High Court (Goa bench)
Case Number
W.P. No. 756/2023
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
Complaints/petitions/letters/memorandums to officials
Objections as part of official procedures
Development of a network or collective
Government Departments Involved in the Conflict:
Goa state government, Directorate of Mines and Geology, Caurem-Pirla panchayat, State EIAA, Chief Conservator of Forests, Collector, Deputy Collector, State Pollution Control Board
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
The concerned party did not respond to a request or comment till the date of filing this conflict report.
Name, Designation and Comment of the Government Authorities Approached
The concerned party did not respond to a request or comment till the date of filing this conflict report.
Corporate Parties Involved in the Conflict:
Pradnya Zoivant Poi Cano alias Pradnya Zoivant Pai Cano
Did LCW Approach Corporate Parties for Comments?
Yes
Communities/Local Organisations in the Conflict:
Gakuved Federation
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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