Demolitions in a settlement near Baina beach

Reported by

Nihar GokhaleLand Conflict Watch

Last updated on

December 3, 2019

Location of Conflict

Baina

South Goa

Reason or Cause of Conflict

Encroachment by Non-Right Holders (Other than Caste-Based)

(

)

People Affected by Conflict

1920

Land Area Affected (in Hectares)

1

ha

Starting Year

2015

State

Goa

Sector

Land Use

Baina is a beach near VascodaGama, Goa, with a colony of approximately 400 houses owned by fishermen and migrant workers. However, these homes have been facing demolition threats since 2015 under various laws. In 2015, 205 houses were issued demolition notices under disaster management rules for being dangerously close to the sea, and some houses for encroaching upon church property. Authorities demolished around 60 houses during the monsoons, allegedly with no rehabilitation. 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. 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 fishermen 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 lived there for at least 80 years. The then Portuguese colonial government allowed fishermen to live within 60 metres from the High Tide Line. However, they do not have documentary evidence to show that their homes existed before 1991. Electricity and water connections were issued to them only in 199394. In various cases before the High Courts, they have petitioned that personal hearings should be held. They also demand setting up of District Coastal Committees, which by law have fishermen representatives and can certify whether the houses existed before 1991. The High Court in September 2016 quashed the GCZMA demolition order and ordered personal hearings to take place. In a recent submission, the Goa government said that it will form the District Coastal Committees once the new elected government takes office in March 2017. Fishermen allege that disaster management and coastal zone rules are an excuse for the governments longdrawn beautification drive at Baina. In 2003, the government setup a garden and an auditorium, and now aims to clear the fishing settlements. The fishermen 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 fishermen.

Demand/Contention of the Affected Community

Region Classification

Type of Land

Common

Type of Common Land

Non-Forest (Other than Grazing Land)

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:

House demolitions in monsoon, forceful eviction by the police, no rehabilitation

Date of Violation

Location of Violation

Nature of Protest

Government Departments Involved in the Conflict:

Government of Goa, 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?

Name, Designation and Comment of Corporate Authorities Approached

Other Parties Involved in the Conflict:

Goenchea Ramponkarancho Ekvott (Union of Goa's Fishermen)

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:
No Images Available

Documented By

Nihar Gokhale

Reviewed By

Nihar Gokhale

Updated By

Nihar Gokhale

Edited By

Nihar GokhaleLand Conflict Watch
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