Team Herald
MARGAO: Despite facing disappointment over the National Green Tribunal (NGT)'s decision not to grant immediate relief against the proposed Borim Bridge construction, affected farmers remain hopeful after studying the legal aspects
of their case while simultaneously pursuing alternative administrative remedies.
Albert Pinheiro, president of the Carbot, Mascasana & Bebdo Tenants Association in Loutolim, acknowledged the setback in not securing an interim stay, but
expressed continued hope in their legal battle.
“While we are disappointed that immediate relief wasn’t granted, after carefully studying our case, we believe justice will prevail at the next hearing on December 2. We have submitted all our concerns and believe that justice will be done. We continue our fight while keeping our fervent prayers alive,” he said.
The farmers maintain that the project requires scrutiny under the Environment Impact Assessment (EIA) notifications of 2006. They made this comment while pointing out that this question, whether the project would fall under the EIA notifications of 2006, is what is before the NGT, as per the latest order.
The farmers added that they had hoped for an interim stay as they fear the land acquisition process could be completed
and preliminary construction work might begin, despite the government's submission to the court that construction had not yet started.
While they had considered approaching the High Court for immediate relief had the NGT ruling been unfavourable, they have now decided to await the next hearing or the final verdict.
The farmers are also pursuing other actions simultaneously.
For instance, following the dismissal of their objections by the Special Land Acquisition Authority (SLAO), the association is now seeking legal counsel to determine their next steps.
“Since our objections were dismissed and the report has been issued, we will seek legal advice and proceed accordingly,” Pinheiro stated.
The farmers have also submitted an application to the Town & Country Planning (TCP) Minister and Chief Town Planner, seeking rectification of the Regional Plan (RP) 2021 to correctly designate their fields as Khazan lands, given that presently only one tiny portion has been marked on the RP as Khazan and not the vast remaining portion, which was shown as paddy fields instead.
They argue that this incorrect designation facilitated the acquisition of their land and worked against their objections to the land acquisition for the bridge, given that khazan fields are protected under the Coastal Regulation Zone (CRZ) rules, which would have protected the area as a No-Development zone (NDZ).
“Our paddy fields are already marked as Khazan in the Coastal Zone Management Plan (CZMP). If one small area near the paddy fields could be shown as Khazan (on the Regional Plan), then logically, the entire paddy field area qualifies for the same designation,” Pinheiro explained.
They added that the recent Gazette notification has introduced changes to the proposed land acquisition areas and included tenant names, prompting the association to plan a meeting to discuss their next course of
action. “Some farmers would still lose their fields under the recent gazette notification. Their concerns need to be heard,” Pinheiro emphasised.