Kargwal Constructions Private Limited, an infrastructure developer based in Mumbai, had proposed to develop a yacht marina at Nauxim, a fishing hamlet near the state capital Panaji in North Goa. A concession agreement to this effect, valid for 30 years, was signed with the Mormugao Port Trust (MPT) in October 2010. Under the agreement, MPT has leased 10 hectares of waterfront area to the developer. The area comes within the port limits of the Trust, as notified under the Indian Ports Act, 1908. According to the prefeasibility report, since Goa is a landstarved state, no land would be acquired for the project, and the company will reclaim five hectares of riverside area to build the yacht terminal and other landbased facilities. The report estimates that the marina will host an annual traffic of 161 yachts by 2020 and over 500 yachts by 2040. The project has been opposed by local fisherfolk and politicians on the ground that it will disrupt their sea access. The fisherfolk claim that the Goan seafront, which legally falls under the jurisdiction of the Trust, is common land that had belonged to them even before the Trust came into existence. In December 2010, several hundred fisherfolk from Nauxim gathered to express their opposition to the proposed marina. In January 2011, the CurcaTelaulimBambolim panchayat passed a resolution against the project. The project was in cold storage until it was approved by the State Investment Promotion and Facilitation Board at its meeting held on April 13, 2015, along with another marina project aimed at introducing yachtoriented tourism in Goa. Three years after the project's approval, fisherfolk were doubtful of the company's promise of more than 450 jobs to the affected people. The prefeasibility report noted that significant fishing settlements were identified during a survey and that the company will prepare a social support package plan for the fishing community in consultation with them. Besides affecting the fisherfolk, the marina is likely to have an impact on the ecology too. The downstream river region where the marina is proposed is a biodiversity hotspot and has drawn the ire of the civil society. The Goa Pollution Control Board had asked** **the North Goa district collector to fix a date for a public hearing to address the concerns of the local people. The date was fixed for November 2019. A month earlier, in October, several organisations, including Goenchea Raponnkarancho Ekvott, Old Cross Canoe Association Owners Cooperative Society Limited, Fishing Canoe Owners Society and Desterro Fishermans Association submitted a letter to the North Goa district collector demanding to postpone the public hearing until a fresh draft of the Environment Impact Assessment (EIA) is prepared. They claimed that the existing draft was prepared without a Goa Coastal Zone Management Plan and was in violation of the EIA Notification of 2006. Following this, the public hearing was postponed for an indefinite time period.
Demand to retain/protect access to common land/resources, Opposition against environmental degradation, Complaint against procedural violations
Non-Forest (Other than Grazing Land)
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Environmental Laws, Other
Environmental Impact Assessment Notification, 2006
Provision 7: [Public hearing]
Indian Ports Act, 1908
Section 5: [The government can alter the limits of the ports subject to private property]
Water (Prevention and Control of Pollution) Act, 1974
Section 24: [Prohibition on the use of stream for disposal of polluting matter]
Coastal Regulation Zone notification, 2011
Section 5: [Preparation of Coastal Zone Management Plans]
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:
Violation of environmental laws
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
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:
Date of Violation
Location of Violation
Nature of Protest
Complaints, petitions, memorandums to officials , Development of a network or collective action
Government Departments Involved in the Conflict:
Goa State Pollution Control Board, Goa Investment Promotion and Facilitation Board
PSUs Involved in the Conflict:
Mormugao Port Trust
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Kargwal Constructions Private Limited
Did LCW Approach Corporate Parties for Comments?
Name, Designation and Comment of Corporate Authorities Approached
Other Parties Involved in the Conflict:
Bharat Mukti Morcha, Goenchea Ramponkarancho Ekvott, MLA Alina Saldanha, MLA Vishnu Surya Wagh