Goa
,
Arossim
,
South Goa
Published :
Mar 2017
|
Updated :
May 2, 2024
Arossim Residents in South Goa Stand Firm against Resort Proposed by Sheraton
Reported by
Nihar Gokhale
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
1721
People affected
2014
Year started
79
Land area affected
Households affected
1721
People Affected
2014
Year started
79
Land area affected
Key Insights
Sector
Industry
Reason/Cause of conflict
Tourism
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Industry
Reason/Cause of conflict
Tourism
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 2006, Delhi-based firm Competent Automobiles proposed to build a 160-room resort on a private property facing the Arossim beach in South Goa. It was a franchise for Sheraton Hotels and Resorts. In the same year, the company reportedly received a no-objection certificate (NOC) from the Cansaulim-Arossim-Cuelim panchayat, a consortium of a few villages, without consultation with the local panchayat. It received the coastal zone clearance in April 2013 and the consent of the state Pollution Control Board in August 2014.
However, the project ran into rough weather when a large number of villagers began protesting on the grounds that the project is proposed in an eco-sensitive zone, which contains orchards of coconut trees and traditional storm water drains. Although the land is privately owned (and was purchased by Competent Automobiles), it benefits the community by preventing flood and maintaining the local ecosystem. It was further reported that the hotel would shut off the public's access to the beach. The project could also affect sand dunes, which protect the village from monsoon tidal surges. In addition, the residents pointed out that the proposed resort's close proximity to two similar luxury resorts could put pressure on the village's infrastructure.
In a special panchayat meeting called in October 2014, the residents of Arossim unanimously rejected the project and resolved to revoke the NOC granted earlier. In 2016, two local community associations moved the National Green Tribunal's Pune bench against the coastal zone permission and a 2013 environment ministry letter that exempted the project from obtaining a prior environmental clearance (EC).
On January 9, 2017, the tribunal upheld the appeal and quashed the ministry's exemption, telling the government to examine the project for EC, which was in progress. The ministry granted a fresh EC in July 2017.
In December 2017, Competent Automobiles sold the property to Delhi-based Daffodil Hotels Private Limited (DHPL). DHPL attempted to commence construction but had faced resistance from people who had blocked access to tools and JCBs.
At a panchayat meeting in 2018, the residents demanded that the construction licence be revoked. Neither Competent Automobiles nor DHPL has responded to LCW's emails seeking responses to the allegations.

The EC granted in 2017 was challenged before the National Green Tribunal by the Cansaulim-Arrosim-Cuelim Civic and Consumer Forum (CACCCF), a group of local residents, who alleged that there had been misrepresentations made by the Project Proponent during the Environmental Impact Assessment (EIA) procedure, and that the authorities had not undertaken any cumulative impact study given the substantial number of hotels and guest houses in close proximity. However, in a 2019 order, the NGT dismissed the appeal.

The CACCCF then appealed the NGT 2019 Order before the Supreme Court. However, vide order July 1, 2019, the Supreme Court dismissed the said appeal.

One of the major objections raised by the local residents was regarding protection of water bodies such as ponds which are situated within the project area from encroachments, so as to prevent flooding in the low-lying area. In order to ensure protections of these water bodies from being filled up due to construction activities, the CACCCF approached the NGT in January 2020. However, the NGT disposed of the said matter vide order dated September 24, 2020.

In 2021, residents of Arossim-Cansaulim carried out hunger strikes and threatened to declare a ‘fast-unto-death’ to protest the hotel construction and highlight concerns of flooding likely to be caused due to construction upon local water bodies.

As per testimony received by LCW from Anthony D’Silva, a member of the Cansaulim-Arrosim-Cuelim Civic and Consumer Forum, the process of filing up of ponds and other bodies is being actively undertaken as of March 2024. 

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

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

Project stalled

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area, Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Yes

Source/Reference

<https://www.indiaspend.com/in-lush-prosperous-goa-the-growth-of-luxury-hotels-up-170-in-10-years-is-sparking-conflict/> <https://timesofindia.indiatimes.com/city/goa/new-hotel-will-destroy-arossim-ecology-locals/articleshow/88379608.cms>

Total investment involved (in Crores):

100

Type of investment:

Cost of Project

Year of Estimation

2006

Page Number In Investment Document:

2

Has the Conflict Ended?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Goa State Environment Impact Assessment Authority; Ministry of Environment, Forests and Climate Change; Panchayats of Cansaulim, Arossim and Cuelim

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Neither Competent Automobiles nor DHPL has responded to LCW's emails seeking responses to the allegations.

Corporate Parties Involved in the Conflict:

Competent Automobiles Private Limited, Sheraton Hotels and Resorts

Did LCW Approach Corporate Parties for Comments?

Yes

Communities/Local Organisations in the Conflict:

Cansaulim-Arossim-Cuelim Civic and Consumer Forum, The Cansaulim Villagers Action Committee

5
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?

Legal Supporting Documents

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Author
Reported by
Nihar Gokhale
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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

Complaint against procedural violations

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

Status of Project

Project stalled

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area, Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Yes

Source/Reference

<https://www.indiaspend.com/in-lush-prosperous-goa-the-growth-of-luxury-hotels-up-170-in-10-years-is-sparking-conflict/> <https://timesofindia.indiatimes.com/city/goa/new-hotel-will-destroy-arossim-ecology-locals/articleshow/88379608.cms>

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