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Legal Review by
Edited by
Updated by
Published on
July 21, 2022
July 25, 2022
Edited on
July 21, 2022
Since November 2021, residents of Old Goa have been protesting against the construction of a residential bungalow in Tiswadi Taluka of Goa as the bungalow falls within the protected area of two Ancient Monuments viz., Arch of Viceroy and St. Cajetan Church. These monuments have been notified as ‘Ancient Monuments’ by the Archeological Survey of India (ASI), as per the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and form an important part of the heritage of Old Goa.
The protests have been spearheaded by the Save Old Goa Action Committee (SOGAC). They have organised marches, hunger strikes, and an ongoing Satyagraha, which has been joined by over 3000 Goa residents. The Archbishop of Goa and the Goa Heritage Action Group, a local civil society organisation, and various political parties have also extended support to the protestors.
The land upon which the disputed bungalow is being constructed is a private plot measuring 11,900 sq. mtrs. It was owned by Mr. Jose Maria Gouveia Pinto, until it was purchased by Mrs. Suvarna Lotlikar and Mr. Manish Munot, husband of BJP Spokesperson Shaina NC in May 2015. In 2016, the Town and Planning Department of Goa had granted technical clearance only for repair work on the property. However, instead of repairs, the owners began reconstructing the bungalow, leading to public protests. Subsequently, the then owners sold the plot to M/s Corvus Urban Infrastructure in August 2021. The Town and Planning Department revoked its clearance in late 2021, when it found that instead of repairs, reconstruction of the bungalow was taking place.
SOGAC have alleged that permissions granted by various government authorities for the construction are based on submission of false information. They asserted that in order to obtain permissions to construct the bungalow, the plot owners had submitted photographs of a bungalow located in Pernem Taluka of Goa, claiming that the said bungalow in Pernem Taluka was actually located on the plot in Tiswadi Taluka to seek permission for ‘repair work’.
SOGAC claims that all that existed on the plot was a small traditional fishing hut, and that after permission was granted by the ASI solely for repair work in February 2020, the erstwhile plot owners immediately began constructing the bungalow, in violation of the permission granted through the Ancient Monuments Act, 1958.
Speaking to LCW, Hugo Gonsalves, Treasurer of SOGAC, said, “the construction is not only illegal but also against all heritage conventions. The proponent has obtained permission from the state government through intentional complication of the land-uses of the plot”.
Accordingly, SOGAC had filed a Writ Petition in the Bombay High Court in 2021 seeking quashing of permissions granted and an injunction against further construction. However, the petition was dismissed on the grounds all valid permissions for repair work were obtained. SOGAC have now filed a special leave petition before the Supreme Court against the Bombay High Court order, which is presently pending disposal.
Desirous of protecting and conserving Goa’s heritage sites, the people of Old Goa persist with their Satyagraha, which recently crossed 200 days on 13th June 2022, and continue to demand for the demolition of the bungalow.
Complaint against procedural violations
Demand to cancel the project
Rural
Private
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
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
1.749
Type of investment:
Investment Made
Year of Estimation
2015
Page Number In Investment Document:
416
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.
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
No
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-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)
Supreme Court of India, High Court of Bombay at Goa
Case Number
WP no. 1153/2021 [Bombay High Court – Goa Bench], SLP (C) 12272/2021 [Supreme 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
Protests/marches
Complaints/petitions/letters/memorandums to officials
Hunger strike
Government Departments Involved in the Conflict:
Archeological Survey of India, Town and Country Planning Department of State Government of Goa, Village Panchayat of Se Old 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:
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Save Old Goa Action Committee, Goa Heritage Action Group, International Council on Monuments and Sites
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?
Bungalow Construction Substantially Completed
Image Credit:
The Indian Express
Public Protesting against the Bungalow Construction in Old Goa
Image Credit:
Goa Chronicle
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