Residents of Azossim village in Goa and St. Mateus Tenants Association, a citizens' group that manages, protects and represents tenants and tenanted land in Azossim village, are opposing a proposed tourism project on 12,185 square metres of agricultural tenanted land in Sy No. 36/1-A of the village (In Goa, plots of land for official purposes are identified by a unique survey number). Construction of the project commenced around August 2018. This took the village residents by surprise as the Goa Land Use (Regulation) Act, 1991, prohibits the sale and use of tenanted land for any purpose other than agriculture and accords the highest legal protection to this type of land in the state. But it is now being subject to fraudulent proceedings and sale deeds by the tourism sector for development projects. The Eco Tourism Project is a resort that will offer cottages built on raised platforms in the middle of a large pond. The plot proposed for this is classified as khazan land (agricultural land close to tidal water bodies). Goa has a special system of agriculture where the khazan land (agricultural land close to tidal water bodies), through an intricate system of traditional canals, get filled with water during high tide. The flow of water is controlled by a contraption called a sluice gate to let the water in and out. This mechanism makes it easier to cultivate paddy and has been used by farmers in Goa for many generations, which is why the Coastal Regulation Zone (CRZ) Notification of 2011 recognised khazan land as a special category, classifying it as a No-Development Zone and offering it protection in the state. In the case of Azossim village, RTIs filed by the Tenants Association reveal fraudulent sale deeds and mutation of land records of the tenanted land in the past, besides permission granted to the project under a new Agro Eco Tourism Policy initiated by the state government. Members of the Association allege that the project proponent, Rajesh Ashok Khaunte, being an influential businessman and the brother of the then revenue minister, has facilitated such illegalities. The Association, along with the Goa Foundation, an environmental non-profit, approached the High Court of Bombay at Goa in February 2019 to challenge the project on multiple grounds, namely, violation of the Goa Land Use (Regulation) Act, 1991, and the CRZ Notification, 2011. Public interest litigations (PILs) by the two groups seek the quashing of the development permissions and rehabilitation of the fields upon which construction has commenced. A cemented pond, covering half the field, and some other structures have already been built. The PILs demand the removal of these so that the land is fit for cultivation. The PILs also demand the restoration of the tenancy status of the land. During the sale of this land to Khaunte, fraudulent proceedings were initiated by him to remove the existence of tenancy. So the current official land records do not recognise the land as tenanted land. The PIL explains the fraud through which the mutation was done. According to an order on February 20, 2019, the High Court of Bombay at Goa, while recording the statement of the project proponent that no construction would be carried out in khazan land, ordered a halt to all development-related activity. The PIL is now at the final stage of hearing.
Complaint against procedural violations, Demand to retain/protect access to common land/resources, Refusal to give up land for the project
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
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:
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Bombay at Goa
PIL W.P. 13/2019
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
Community-based participatory research, Complaints, petitions, memorandums to officials , Involvement of national and international NGOs
Government Departments Involved in the Conflict:
Goa Town and Country Planning Department, Village Panchayat of Azossim and Mandur, Goa Coastal Zone Management Authority, Mamlatdar of Tiswadi (authority responsible for agricultural tenanted land)
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:
Rajesh Ashok Khaunte
Did LCW Approach Corporate Parties for Comments?
Name, Designation and Comment of Corporate Authorities Approached
Other Parties Involved in the Conflict: