The residents of Colva village in Goa have opposed the change in land use of the seasonal Colva Lake, which has been proposed by the panchayat to be used for the construction of a multipurpose sports complex. The Colva Civic Forum has been fighting since 2013 to get the lake recognised as a wetland.
Land for the sports complex was acquired by the panchayat in 2006, but according to the Forum, the proposal for a change in land use was put forward in 2013.
Members of the Forum told LCW that the National Green Tribunal, in an order dated September 26, 2014, had directed the Goa State Biodiversity Board (GSBB) to carry out a site inspection through an expert agency to document the biodiversity of the area and also comment on the nature of the land use at the site.
An independent inspection carried out by the GSBB on December 5, 2013, recorded the lake site as a low-lying area.
In August 2019, the Bombay high court ordered the Colva panchayat and other authorities to stall any construction on Colva lake until the GSBB and the Goa State Wetland Authority submitted their study on whether the lake should remain as a water body or be reclaimed. Earlier, the Forum had filed a PIL restraining any construction on the lake. The case was disposed of by the court.
Following NGT directions, Ecocare Ecology Conservators won the e-tender to conduct a study of the lake. On October 3, 2022, at the 40th GSBB meeting, the agency presented its findings in the presence of the Colva Panchayat and the Colva Civic Forum. It proposed seven alternatives, assessing the impact of each on biodiversity, open space, drainage patterns, and revenue. The GSBB noted that alternatives 4 and 7 were the best ones and that it would “further improvise” on these. According to the report prepared by the agency, which has been accessed by LCW, alternatives 4 and 7 do not have any adverse impact on biodiversity or ecosystem services.
On January 13, 2023, at its 41st meeting, the board declared its final decision. It stated that the “built environment should be minimalistic and based on only utility-oriented structures” while the “natural environment should be conserved with recreational parks with concepts focussed on sensitive wetland strategies.” It disposed the matter, adding that the guidelines would be communicated to the panchayat by order.
However, according to Judith Almeida, President of Colva Civic Forum and petitioner in the HC case, the decision was never communicated to her. “Although they have taken the decision in the January board meeting, they have not passed a detailed order, nor have they communicated it to us [Colva Civic Forum].” She cited the precedent set in Hotel Silver Sands versus State of Goa (WP 406/2021), which holds that minutes of the meeting uploaded on the website of the GCZMA, a quasi-judicial body, do not hold the status of an order.
As on 23 April 2024, a member of the Colva Panchayat, who did not wish to be named, told LCW that the panchayat has also not received a communication by order.
Demand/Contention of the Affected Community
Demand to retain/protect access to common land/resources
Opposition against environmental degradation
Other Demand/Contention of the Affected Community
Demand to recognise Colva lake as a wetland
Region Classification
Rural
Type of Land
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?
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?
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
Water bodies, Other Natural Resource extraction/dependence
Whether the project was stalled due to land conflict
Source/Reference
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
Environmental Laws, Other
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
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
National Green Tribunal (Western Zone)
Name(s) of the Court(s)
High Court of Bombay at Goa
Case Number
PIL WP 15/2018, PIL WP 33/2019, NGT- OA 67/2014
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
Government Departments Involved in the Conflict:
Colva panchayat, Goa State Wetland Authority, Goa State Biodiversity Board, Town and Country Planning Department
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
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:
Residents
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?
Anamika is an environmental lawyer based in Goa. She works with the Goa Foundation and the civil society in matters of environmental law and human rights, with a primary focus on issues arising from illegal mining, pollution, violation of coastal regulations and unsustainable planning. She is currently working on research related to conflict between tourism and wildlife/marine habitat conservation.
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