Goan citizens have opposed a memorial to be built on Miramar beach as a tribute to late Chief Minister Manohar Parrikar. The foundation stone for the project was laid on December 13, 2019, in what would have been Parrikar's 64th birth anniversary. The memorial is proposed to be developed as a museum-shrine within 200 metres of the high-tide line (HTL, the furthest point the tidal water reaches during high tide) on the beach.
All areas within 0-500 metres of the HTL are part of the Coastal Regulation Zone (CRZ). Miramar Beach is classified as CRZ III under the coastal regulation laws, which prohibit construction up to 200 metres of the HTL. All areas within the 0-200 metre zone of the HTL are further categorised as No Development Zone. In the case of Miramar, this includes the entire stretch of sandy beach.
The Rs 8.5 crore memorial is being designed by UCJ Architecture and Environment, a Mumbai-based company. As per a news report, the memorial will be an interactive public space that will also feature a library, an audio-visual room and a souvenir shop. The proposal for such development, however, has not yet been made public.
The Goa Coastal Zone Management Authority, the statutory authority responsible for the implementation of the CRZ Notification, 2011, cleared the proposal of the memorial by the Goa State Infrastructure Development Corporation (GSIDC) on November 19, 2019. GSIDC is the executing agency for the project.
The people have opposed the memorial on two grounds: one, construction of this scale is prohibited in a No Development Zone as per CRZ Notification, 2011; second, Miramar is a public beach meant to be enjoyed by all and hence, it cannot be encroached for a specific land use. The opposition has mainly come from a citizens' group called Goencho Avaaz and the residents who live around the beach. It is worth noting that the Goan community at large is active and vocal on issues against privatisation/encroachment of public beaches by either the government or a corporate.
In 2002, the Nandkumar Kamat Committee set up by the Goa government prepared a report on proposals for development of the beach. The committee’s report said that “Miramar beach cannot be equated with any other beach in Goa…People unequivocally consider Miramar beach as a special case, a unique beach, so far left intact as a valuable public asset… People would not support any constructions on the beachside or landscaping on sand dunes or restricting fishing activity or promoting any water sports activity.”
In February 2020, Devika Sequira, who lives near Miramar beach, filed a public interest litigation before the High Court of Bombay at Goa, seeking a direction to the government to stop the construction of the memorial and to scrap the project altogether. The petition also sought interim relief in the form of an immediate stay to the ongoing construction until the Nandakumar Kamat Committee’s findings and recommendations are considered.
By its order dated 17 November 2022, a division bench of the Bombay High Court disposed off the matter, as the court found that most of the prayers had become infructuous as the construction for the Memorial was completed.
Demand/Contention of the Affected Community
Complaint against procedural violations
Opposition against environmental degradation
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
Region Classification
Urban
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
Project underway despite protests
Original Project Deadline
2021
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Government or community-regulated urban commons
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
9
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.
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:
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Bombay at Goa
Case Number
PIL WP 14/2020
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 State Infrastructure Development Corporation Limited, Goa Coastal Zone Management Authority
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:
UCJ Architecture and Environment
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Goencho Avaaz
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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