Anjuna: An uphill legal battle spanning multiple courts helped protect a vast stretch of land in Anjuna from a proposed hotel project. Led by Communidade President Roy D’Souza and supported by other members, the fight has become an example of how traditional village institutions and citizens can come together to protect Goa’s land.
At a time when Goa’s land is increasingly attracting investors looking to establish hotels, resorts and second homes, the story of a group of people from Anjuna stands out as an example of resistance and determination.
Spread across approximately 90,000 square metres, a hill in Anjuna became the centre of a prolonged legal battle after a hotel project proposed by Anjuna Hotels Private Limited threatened to transform the property.
What followed was not merely a dispute over a piece of land. It became a long legal struggle involving members of the Anjuna Communidade, who decided to challenge the project and take the fight through different levels of the judiciary, right up to the Supreme Court.
During our visit to Anjuna, we met Communidade President Roy D’Souza and other members who were part of the efforts to protect the property. Their account offers a glimpse into the determination, collective effort and legal perseverance that went into saving the land.
The proposed hotel project had moved beyond the planning stage, with work having commenced at the site. However, those opposing the project approached the courts, questioning the move and seeking to protect the land.
The legal battle saw the matter being contested before the District Court, where the Communidade’s side secured a favourable verdict. The hotel project subsequently challenged the decision before the Bombay High Court, but the Communidade again emerged victorious.
The matter eventually reached the Supreme Court, where the challenge was also unsuccessful, bringing an end to the prolonged legal contest in favour of those fighting to protect the property.
The proposed hotel project was ultimately abandoned, leaving the hill without the large-scale development that had once been envisaged for it.
A HILL THAT REFUSED TO SURRENDER
For the people of Anjuna, the hill was more than just a large parcel of land. It was part of their village’s identity and a property that they believed needed to be protected from commercial exploitation.
The Communidade’s decision to revoke the grant of the 90,000-square-metre property and the joint venture agreement became a crucial turning point in the dispute.
The Bombay High Court’s August 19, 2008, order in Kanak J. Parab and others versus State of Goa and others records that the Anjuna Communidade had resolved to revoke the grant and the joint venture agreement dated July 4, 1993. The court recorded that the grant and agreement were no longer in operation and that the petition had consequently become infructuous. Importantly, the court kept open the parties’ rights to challenge the Communidade’s decision.
The episode underlines the importance of the Communidade as a traditional village institution and the role it can play in safeguarding community property.
However, saving the land from the proposed hotel development has not necessarily meant that the hill has remained free from other problems.
A SAVED HILL, BUT A NEW SET OF CHALLENGES
Today, the abandoned project site presents a different picture. According to the members we met, the absence of the proposed hotel has not translated into effective protection and management of the property.
The hill has reportedly become a gathering place for revellers, with concerns over activities taking place there, including the alleged illegal use of the premises.
What was once the subject of a battle to prevent commercial development is now facing questions about monitoring, security and the protection of the property from misuse.
The members believe that saving the land was only one part of the responsibility. Ensuring that it is properly protected and that activities taking place there are regulated is equally important.
A LARGER QUESTION FOR GOA’S COMUNIDADES
The Anjuna episode also brings into focus the larger challenge facing comunidades across Goa, many of which own sizeable tracts of land that have increasingly come under pressure from real estate interests and commercial development.
Over the years, disputes over ownership, land grants, transfers and development proposals have raised concerns about the future of these traditional community institutions and the properties they administer.
The Anjuna experience demonstrates that protecting community land requires more than resolutions and objections. It demands people willing to pursue legal remedies, question decisions and remain committed to the cause even when the process stretches over several years.
Roy D’Souza and the other members who took up the fight believe that their experience should encourage other comunidades to remain vigilant about their properties.
Their message is particularly relevant at a time when Goa is witnessing growing interest from outside investors seeking to acquire land and establish commercial projects.
The 90,000-square-metre hill in Anjuna is a reminder that collective determination can make a difference. A proposed hotel project that once appeared poised to transform the landscape was ultimately abandoned following the Communidade’s decision to revoke the grant.
For those who fought the battle, the victory was not simply about stopping a hotel. It was about protecting a piece of Anjuna’s land and asserting the rights of the village community over its property.
The bigger question now is whether the authorities and the Communidade will ensure that the hill remains protected from further misuse.
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