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Legal Review by
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Published on
March 15, 2023
March 22, 2023
Edited on
March 15, 2023
Residents of Cavelossim in South Goa have opposed the Centre’s plan to develop their beach with a view to acquire Blue Flag Certification. This certification is an internationally-recognised certificate awarded by Denmark-based non-profit organisation, Foundation for Environmental Education. The criteria used for determining whether a beach qualifies for this certificate include beach’s hygiene, safety and environmental standards. This certificate also mandates portable toilets, grey water treatment plants, close circuit television cameras, and parking facilities. According to villagers, the decision was taken in the absence of any public notice or consultation and it seeks to override crucial environmental regulations.
In July 2019, the Ministry of Environment, Forest and Climate Change (MoEFCC) issued a notification identifying 12 beaches, including one Goan beach at Miramar, for Blue Flag Certification. It invoked a section in the Environment Protection Rules, 1986, to dispense with the requirement of serving a public notice. After this was challenged, the Goa bench of the Bombay High Court placed a temporary stay on the notification.
In November 2019, the Director of Environment in the state wrote to the director of Panchayats and Director of Municipal Administration, stating that the Centre was seeking inputs from the state government to identify at least 10 beaches in Goa for the aforementioned purpose. The funding for required interventions would come through the Integrated Coastal Zone Management Programme, the letter stated. The letter was forwarded to the Block Development Offices and Village Panchayat Secretaries in Salcette block were asked to take note and submit the required information. Cavelossim village is a part of this block.
In January 2020, the Ministry released another notification declaring its intention to develop beaches for the certification. Unlike the earlier 2019 notification which had identified specific beaches like the Miramar beach in Panjim, the 2020 notification did not identify any such beach.
The notification stated that all activities and facilities would come up after maintaining a 10-metre distance from the high tide line (HTL). This is in contrast to the provisions of Coastal Regulation Zone 2011 which defines the area within 200 metres from the HTL as a no-development zone. Speaking to LCW, local fisherman Roy Barretto, who is leading the protests, said, “If you see the notification carefully, there is a small note saying that they can do away with provisions of the Coastal Regulation Zone Notification. This is dangerous because CRZ 2011 gives special status to Goa and is one of the few good regulations that protects the local environment.”
According to Barretto, the gram sabha passed a resolution in February 2021 to oppose the notification. In another meeting in September 2021, the gram sabha reiterated its stand after the setting up of toilet booths at the beach raised suspicion that work for the certification was starting.
The issue reared its head again in March 2022, when villagers opposed the erection of a siren tower, again suspecting the work was occurring for the certifications. They flagged that the work was taking place in the intertidal zone, i.e. the area between the low tide and high tide lines, which should come under the exclusive domain of local communities. The panchayat responded by issuing a stop work order.
Barretto expressed the fear that the a Blue Flag Certification may result in the levying of an entry fee, like it has in other places, making it inaccessible to fisherfolk and other local communities.
Complaint against procedural violations
Demand to cancel the project
Demand to retain/protect access to common land/resources
Rural
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?
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
Fishing, Water bodies
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
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
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:
Non-consultation with stakeholders
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Bombay High Court (Goa Bench)
Case Number
WP (PIL) 43 of 2019
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
Nature of Protest
Referendum and other local consultations
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Union Ministry of Environment, Forest and Climate Change, Goa State Tourism Department, Goa Coastal Zone Management Authority, Cavelossim Panchayat
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:
Fisherfolk/villagers
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?
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