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Legal Review by
Edited by
Updated by
Published on
July 21, 2022
July 26, 2022
Edited on
July 21, 2022
The AVCB Traditional Fishermen Association of South Goa has opposed the alleged dredging work in river Sal. The association comprises fishermen from Assolna, Velim, Chinchinim, Cavelossim and Betul villages lined along the southern part of the river. They have claimed that the dredging work is disturbing the fish breeding ground and threatening their livelihood.
River Sal, originates in the hills of Verna in South Goa and opens into the Arabian Sea at Mobor beach, is one of the most polluted rivers in the state, as per a 2018 order by the National Green Tribunal.
In 2016, the Captain of Ports Department, which is in-charge of all inland waterway activity in the state, had completed Phase I of river Sal desilting between Khareband and the Varca-Telaulim bridge. Based on the 2018 NGT order, the state government announced Phase II of desilting from the Varca-Telaulim bridge to the mouth of the river to reduce pollution.
An official from the Captain of Ports department who spoke to LCW on the condition of anonymity said, “a total of 18 km were planned for Phase II, divided into three phases of 6 km each. The first phase of Phase II was completed in May 2021; while the second one was completed in April 2022. The third phase, from Ambelim to the mouth of the river, would be taken up soon. The state pollution control board has even granted clearance to the work based on the environment assessment reports prepared by the NIO.”
In December 2020, residents of Codeavado-Chinchinim raised an alarm about the nature of the ongoing work. The presence of a dredger along the river bank had made villagers wary that the Captain of Ports department was deepening the river bed to create new navigation channels, instead of focusing on cleaning the river. In early 2022, similar issues were raised by the AVCB fishermen, whose villages came under the areas marked for the second phase of Phase II. Speaking to LCW, Agostinho Futardo, President of the AVCB Traditional Fishermen Association, said, “Dredging affects fish breeding. This area is a rich breeding ground for prawns, oysters, mussels, and other shellfish. Once you dredge the bed, these species disappear.”
The association has made multiple representations to different state agencies since 2019, some of which have been accessed by LCW. The Association pointed out that the government tender for desilting the river proposed a depth of 3 metres, even while the natural depth of the river is less than that in most places. After meeting with authorities and a joint inspection in January 2021, the Association had agreed to the work being undertaken, provided certain essential conditions were complied with. Chief among these was that the work be restricted to only desilting. However, the community was once again up in arms in February-March 2022 when dredging work resumed. A group of community members and active citizens conducted an inspection of the ongoing work on February 19, 2022. They alleged that the Captain of Ports, despite their demands, had undertaken “unsustainable dredging”, dumping silt along the river banks, which residents believe is choking the adjoining mangrove belt. Subsequent letters from the AVCB Association to authorities reflect similar concerns.
Currently, work has been stalled since the onset of monsoons but the final phase of Phase II, moving southwards towards Mobor, is expected to be taken up in the coming financial year.
Complaint against procedural violations
Opposition against environmental degradation
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):
₹
40
Type of investment:
Cost of Project
Year of Estimation
2019
Page Number In Investment Document:
Has the Conflict Ended?
Yes
When did it end?
As of April 2022, the 2nd phase of Phase II was completed by the implementing agency. The 3rd phase of Phase II is yet to be undertaken.
Why did the conflict end?
Conflict ended due to any other reason
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.
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
Non-consultation with stakeholders
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Captain of Ports, Water Resources Department, Goa Coastal Zone Management Authority
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Abhishek Naik, propriety owner of M/S Vaibhavi Dredging, offered no substantial comment when asked about the opposition to the work being undertaken.
Name, Designation and Comment of the Government Authorities Approached
Abhishek Naik, propriety owner of M/S Vaibhavi Dredging, offered no substantial comment when asked about the opposition to the work being undertaken.
Corporate Parties Involved in the Conflict:
M/S Vaibhavi Dredging (contractor for 2nd phase of Phase II)
Did LCW Approach Corporate Parties for Comments?
Yes
Communities/Local Organisations in the Conflict:
AVCB Fishermen's Union
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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