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Legal Review by
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Updated by
Published on
March 14, 2017
May 17, 2022
Edited on
March 14, 2017
Baina is a beach near VascodaGama in South Goa, with a colony of approximately 400 houses owned by fisherfolk and migrant workers. These homes have been facing demolition threats since 2015 under various laws. In 2015, 205 families were issued demolition notices under the Disaster Management Act, 2005, for being dangerously close to the sea and for encroaching upon church property. Authorities demolished around 60 houses during the monsoons. Families were moved to a nearby sports centre and evicted from there after a month. The remaining residents got a stay order from the High Court of Bombay at Goa. Earlier, in 2004, around 900 people were evicted from the beach who are still waiting for rehabilitation. In 2016, the Goa Coastal Zone Management Authority (GCZMA) issued demolition orders to 121 houses for falling within the No Development Zone, i.e. within 200 metres of the High Tide Line. The fisherfolk challenged this because the Coastal Regulatory Zone Notification, 2011, under which the demolition was ordered, exempts structures built before 1991. Asserting their right to live there as the notification strives to protect livelihoods of traditional coastal communities, they claimed to have settled there before 1970 and stated that the then Portuguese colonial government allowed fisherfolk to live within 60 metres from the High Tide Line. However, they did not have documentary evidence to prove this as electricity and water connections were issued to them only in 199394. In various cases before the high court, they petitioned that personal hearings should be held. They also demanded setting up of District Coastal Committees, which, by law, have fisherfolk representatives and can certify whether the houses existed before 1991. In September 2016, the high court quashed the GCZMA demolition order and ordered personal hearings to take place. In a later submission, the Goa government said it would form the District Coastal Committees once the new government took office in March 2017. The fisherfolk further alleged that the Disaster Management Act and the coastal zone rules were an excuse for the government's longdrawn "beautification drive" at Baina. In 2003, the government had set up a garden and an auditorium and now aims to clear the fishing settlements. The fisherfolk have been fighting against demolition drives in their personal capacity and also under the umbrella of Baina Ramponkar & Fishing Canoe Owners Society and Goenchea Ramponkarancho Ekvott, a panGoan union of fisherfolk. In 2017, the GCZMA ordered the eviction of 100 more houses from Baina beach. The notices asked them to vacate within five days. The eviction was stayed by a high court order after the residents filed a petition. In 2018, the NGT noted in a petition filed over demolition that Baina beach is a "nodevelopment zone" and, therefore, all structures built on the beach are illegal. Again, in October 2020, the GCZMA issued notices to evict 52 fisherfolk families along the beach. A hearing was held on October 9, where they were asked to bring valid documents to prove their ownership.
Demand for legal recognition of land rights
Demand for rehabilitation
Demand to retain/protect access to common land/resources
Rural
Common
Non-Forest (Other than Grazing Land)
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):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Other, Environmental Laws
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.
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:
Forced evictions/dispossession of land
Lack of legal protection over land rights
Non-rehabilitation of displaced people
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Bombay at Goa
Case Number
WP No. 774/2016 (HC); WP No. 295/2015 (HC); App No. 49/2015 (NGT)
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
In 2015, authorities demolished around 60 houses during the monsoons. Families were moved to a nearby sports centre and evicted from there after a month.
Date of Violation
Location of Violation
Baina
Nature of Protest
Advocacy (for inclusion in courts)
Protests/marches
Government Departments Involved in the Conflict:
Goa Coastal Zone Management Authority
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?
Communities/Local Organisations in the Conflict:
Goenchea Ramponkarancho Ekvott
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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