Goa Waste Management Corporation’s (GWMC) proposal to construct a 250 Tonne Per Day (TPD) Solid Waste Management Facility (SWMF) in Bainguinim Village of Goa has led to protests by local communities who are opposing the project.
The Rs. 169.17 Crore project is planned across a 17 Ha. plot which was [acquired](https://timesofindia.indiatimes.com/city/goa/state-to-float-fresh-tender-for-bainguinim-waste-plant/articleshow/90807850.cms#:~:text=In 2008%2C) by the Corporation of City of Panaji in 2008, and handed over to GWMC in 2017, who are responsible for the project's planning and execution. As per its Environment Impact Assessment Report, the [project aims](http://goaspcb.gov.in/Media/Default/Public Hearing/GWMC/Bainguinim Goa Final EIA Report.pdf) to ensure “the scientific processing and disposal of the solid waste by the local bodies in compliance with the Municipal Solid Waste (MSW) Rules, 2016.”
While protest marches attended by thousands of Goa locals against utilising the acquired land for a SWMF were first carried out in 2013, the people’s movement intensified in 2020, when GWMC’s 250 TPD project was [granted](http://dstegoa.gov.in/Bainguinim EC.pdf) environmental clearance. Primarily, the opposition to the waste management facility has been due its proximity to several residential complexes cumulatively housing over 1000 apartments, many of whom share a common boundary wall with the project.
The Pornem Goemch Nagrik Monch and Bainguinim Citizens Forum have been leading the movement against the project, with participation of local Congress Party leadership. Speaking to LCW, Silverio Diaz, Secretary, Bainguinim Citizens Forum stated: “The proposed land is in violation of the siting criteria as set out in Solid Waste Management Rules, 2016, the Amended Guidelines on the Provision of Buffer Zone Around Waste Processing and Disposal Facilities, 2019. Further, even if the facility uses the best technology for processing waste, we fear that for a 250 TPD plant there will be a long line of trucks carrying wet waste from various locations.The plant and its premises will turn into a breeding ground for vermin, pests and other disease causing vectors which will pose a greater threat to the lives of people within the proximity of the proposed land.”
The citizens’ key demand is to shift the project from its current location as they fear adverse health impacts for those living in residential apartments that are located close to the project site. Citizens also fear that the stench of garbage will adversely impact the children whose school premises are located within 300 metres from the SWMF boundary.
Another major concern of the locals is the damaging effect of a waste management facility on the closely-situated Goan heritage sites, a concern that has been echoed by the Goa Roman Catholic Church as well.
A GWMC official who spoke to LCW on the condition of anonymity, said the project “will not create pollution, (as) it is a waste management plant which is there for the scientific management of waste.”
A petition filed by the Bainguinim Citizens Forum challenging the environmental clearance granted for the SWMF was dismissed by the National Green Tribunal in September 2020. A civil appeal against the NGT order was filed in the Supreme Court in 2021 by Bainguinim Citizens Forum. This case is still pending in the apex Court. But protests have restarted on ground since June 2022.
Demand/Contention of the Affected Community
Demand to cancel the project
Opposition against environmental degradation
Other Demand/Contention of the Affected Community
Demand to relocate the project
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
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
169.17
Type of investment:
Cost of Project
Year of Estimation
2019
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
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
No
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:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal, Supreme Court
Case Number
Appeal No. 32/2020 (NGT), C.A. 4983/2021 (Supreme Court)
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:
Goa Town and Country Planning Department
PSUs Involved in the Conflict:
Goa Waste Management Corporation
Did LCW Approach Government Authorities for Comments?
Yes
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:
Bainguinim Citizens Forum; Pornem Goemch Nagrik Monch
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?
Maitreya is an independent environmental law practitioner having secured a B.A.LL.B. (Hons) from Hidayatullah National Law University.
Initiating his legal practice at the chambers of ex-President of the NGT Western Zone Bar Association Adv. Asim Sarode, Maitreya has gone on to work with the 2021 Right Livelihood awardee 'Legal Initiative for Forest and Environment' (LIFE) before commencing independent environmental law practice before various benches of the National Green Tribunal in 2022.
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