Goa
Sanguem Taluka
,
Mollem
,
South Goa
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Local communities resist highway expansion through Wildlife Sanctuary and National Park in Goa
Reported by
Maitreya Prithwiraj Ghorpade
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
People Affected
2020
Year started
136
Land area affected
Households affected
People Affected
2020
Year started
136
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The four-laning of existing two-lane National Highway No. 4A (NH4A) from Anmod to Panaji in Goa has been a cause for concern for local communities since 2020. The communities’ primary apprehension against the [Rs. 2130 crore](http://www.dstegoa.gov.in/EIA report-NH4A mollem.pdf) highway expansion project is that out of the 136.7 ha of land within Goa to be acquired for the project, [33.17 ha. land falls within Reserve and Private Forests Area](http://www.dstegoa.gov.in/EIA report-NH4A mollem.pdf). Another 31.015 ha. land falls within the Bhagawan Mahaveer Wild Life Sanctuary Area and Mollem National Park, both of which are Protected Areas situated in the eco-sensitive and bio-diverse Western Ghats region of South Goa.

The project was granted administrative approval in 2015 with a sanctioned amount of over Rs. 30 Crores. However, as per the latest approved land acquisition proposals of 2022, additional funding was sanctioned to the public works department (PWD) Goa by the Ministry of Road Transport and Highways (MoRTH) for the highway expansion project.

The project’s [EIA Report](http://www.dstegoa.gov.in/EIA report-NH4A mollem.pdf) lists reduction in travel time, traffic jams, noise levels and air pollutants, as well as “improvements of the economic growth in the surrounding places” as benefits of the highway expansion project. The application for forest clearance by the PWD too mentioned the project was required for better traffic flow.

However, the project has been opposed by the locals along with opposition against two other infrastructure projects, double tracking of Castlerock-Kulem railway line of the Rail Vikas Nigam Ltd. (RVNL) and Sterlite Power’s 400 kV Goa-Tamnar Transmission Line. Both projects are designed to pass from within the Bhagwan Mahaveer Wildlife Sanctuary and Mollem National Park.

The Amche Mollem Campaign has spearheaded the opposition against the NH4A highway expansion. “We believe that a construction project on this scale, which requires major earth works and the construction of a 3km long viaduct, will have long term and irreversible impacts on the biodiversity of Bhagwan Mahavir WLS and Mollem National Park. In addition to this, the environmental impact assessment used as a basis for its approval is riddled with errors and omissions that masks the true impacts of the project” said Farai Divan Patel, researcher with the Amche Mollem Campaign while speaking with LCW.

The project’s EIA Report mentions ‘approximately’ 10,000 trees will be felled, however, others estimate this number to be upwards of 22,000. “These impacts are particularly severe because of the immense biodiversity in the area as well as the fact that there are multiple projects proposed in Mollem NP which will further fragment an already fragmented forest” said Patel.

Speaking to LCW on the condition of anonymity, a representative of the PWD, Government of Goa, mentioned that the PWD will adhere to directions of the judiciary if any order for realignment of the project is passed. The matter is currently sub-judice before the Bombay High Court.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to cancel the project

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Forest

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?

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):

2130

Type of investment:

Cost of Project

Year of Estimation

2016

Page Number In Investment Document:

10

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Maitreya Prithwiraj Ghorpade

Goa

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to cancel the project

Opposition against environmental degradation

Local communities resist highway expansion through Wildlife Sanctuary and National Park in Goa

Reported by

Maitreya Prithwiraj Ghorpade

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

February 15, 2023

May 13, 2024

Edited on

February 15, 2023

Sector

Infrastructure

Reason or Cause of Conflict

Roads

National Park

Starting Year

2020

Land Area Affected (in Hectares)

136

ha

Households Affected by Conflict

People Affected by Conflict

State

Goa

Sector

Infrastructure

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

136

ha

Starting Year

2020

Location of Conflict

Mollem

Sanguem Taluka

South Goa

Reason or Cause of Conflict

Roads

National Park

Land Conflict Summary

The four-laning of existing two-lane National Highway No. 4A (NH4A) from Anmod to Panaji in Goa has been a cause for concern for local communities since 2020. The communities’ primary apprehension against the [Rs. 2130 crore](http://www.dstegoa.gov.in/EIA report-NH4A mollem.pdf) highway expansion project is that out of the 136.7 ha of land within Goa to be acquired for the project, [33.17 ha. land falls within Reserve and Private Forests Area](http://www.dstegoa.gov.in/EIA report-NH4A mollem.pdf). Another 31.015 ha. land falls within the Bhagawan Mahaveer Wild Life Sanctuary Area and Mollem National Park, both of which are Protected Areas situated in the eco-sensitive and bio-diverse Western Ghats region of South Goa.

The project was granted administrative approval in 2015 with a sanctioned amount of over Rs. 30 Crores. However, as per the latest approved land acquisition proposals of 2022, additional funding was sanctioned to the public works department (PWD) Goa by the Ministry of Road Transport and Highways (MoRTH) for the highway expansion project.

The project’s [EIA Report](http://www.dstegoa.gov.in/EIA report-NH4A mollem.pdf) lists reduction in travel time, traffic jams, noise levels and air pollutants, as well as “improvements of the economic growth in the surrounding places” as benefits of the highway expansion project. The application for forest clearance by the PWD too mentioned the project was required for better traffic flow.

However, the project has been opposed by the locals along with opposition against two other infrastructure projects, double tracking of Castlerock-Kulem railway line of the Rail Vikas Nigam Ltd. (RVNL) and Sterlite Power’s 400 kV Goa-Tamnar Transmission Line. Both projects are designed to pass from within the Bhagwan Mahaveer Wildlife Sanctuary and Mollem National Park.

The Amche Mollem Campaign has spearheaded the opposition against the NH4A highway expansion. “We believe that a construction project on this scale, which requires major earth works and the construction of a 3km long viaduct, will have long term and irreversible impacts on the biodiversity of Bhagwan Mahavir WLS and Mollem National Park. In addition to this, the environmental impact assessment used as a basis for its approval is riddled with errors and omissions that masks the true impacts of the project” said Farai Divan Patel, researcher with the Amche Mollem Campaign while speaking with LCW.

The project’s EIA Report mentions ‘approximately’ 10,000 trees will be felled, however, others estimate this number to be upwards of 22,000. “These impacts are particularly severe because of the immense biodiversity in the area as well as the fact that there are multiple projects proposed in Mollem NP which will further fragment an already fragmented forest” said Patel.

Speaking to LCW on the condition of anonymity, a representative of the PWD, Government of Goa, mentioned that the PWD will adhere to directions of the judiciary if any order for realignment of the project is passed. The matter is currently sub-judice before the Bombay High Court.

Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to cancel the project

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

Forest

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):

2130

Type of investment:

Cost of Project

Year of Estimation

2016

Page Number In Investment Document:

10

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

National Highways Act, 1956
Section 3A [Union government to declare intention to acquire land by way of notification under this Act]; Section 3C [Objections by aggrieved persons to proposed land acquisition to be made to competent authority in writing. Competent Authority to give objectors a chance to be heard];
Environmental Impact Assessment Notification, 2006
Point 7(III) [Prior to the grant of Environmental Clearance, public consultation needs to be carried out to hear the concerns of affected persons or stakeholders due to environmental impact of a proposed project] Schedule, Item 7(f) [List of projects requiring prior environmental clearance include Highways]
Forest (Conservation) Act, 1980
Section 2 [Restriction on the use of forestland for non-forest purposes without prior permission of the Union government]
Wild Life (Protection) Act, 1972
Section 5C [Functions of the National Board of Wildlife (NBWL) include carrying out impact assessment of any development activity which can impact wildlife or its habitat] Section 29 [Permit granted by Chief Wildlife Warden is necessary for any action which may affect or destroy habitats for wildlife in a sanctuary] Section 35(6) [Permit of the NBWL is necessary for any action which may affect or destroy habitats for wildlife in a national park]
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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.

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

No

Name of the adjudicatory body

Name(s) of the Court(s)

Bombay High Court

Case Number

PILWP/424/2021 (F)

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Public Works Department, Govt. of Goa; Ministry of Road Transport and Highways

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:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Amche Mollem Campaign

Information on the use of criminal law

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

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