Panaji: The Bombay High Court at Goa on Wednesday directed that the new 2,000-capacity casino vessel must not sail into the Mandovi River without obtaining all required certifications and prior permission from the court. The vessel currently lacks a certificate of survey, the court was informed.
Heritage Bylaws for Monuments
The high court also directed the regional director of the Archaeological Survey of India (ASI), southern region, to complete the preparation of heritage bylaws for 21 centrally protected monuments in Goa by June 15. Fourteen of these monuments are located in Old Goa, while seven are spread across the state.
Petitioners Glean Cabral and Tahir Noronha, represented by advocate Ajay Menon, highlighted that the heritage bylaws were initially to be prepared by 2016, with an extension granted until 2021. Despite no further extensions, the bylaws remain unfinished.
Status Quo on Constructions
The bench of Justices Valmiki Menezes and Amit Jamsandekar directed private parties to maintain the status quo and not proceed with constructions within regulated areas of monuments in Old Goa.
The court accepted the tourism department's statement that the heritage centre project, situated within the regulated area of the Basilica Bom Jesus Church, has been shelved for now. Petitioners were granted liberty to seek interim relief regarding the height of the Old Goa police station at an appropriate stage, after hearing the advocate general.
Permissions and Casino Vessel
The chief town planner (planning) was directed to submit a list of all permissions granted for constructions within protected and regulated areas of centrally protected monuments, especially where construction has not yet begun. All fresh and pending permissions will be subject to the outcome of the public interest litigation (PIL).
Regarding the casino vessel, Delta Pleasures Cruise Company Pvt Ltd informed the court that the vessel does not possess a certificate of survey. The bench stated, "Considering that, as of today, the vessel does not possess a certificate of survey, we deem it appropriate to direct that the vessel in question shall not sail into the Panaji port, the River Mandovi, without obtaining all the required certifications."
The court further ordered that even if certifications are obtained, the vessel must not sail without prior court permission. The under secretary (home), Manthan Naik, assured the court that if the state government decides to permit casino operations on the new vessel, it will first place the decision before the high court.
The court noted the government's statement that the amendment to the licence of M V Royale Flotel (for 70 passengers) would not be amended in favour of the new vessel M V Deltin Royale without first presenting the decision to the court. The casino company was allowed to submit all required permissions and certifications under the Inland Vessels Act or Merchant Shipping Act.
The PIL challenges permissions granted to the company to replace its 70-passenger casino vessel with a 2,000-capacity vessel in the Mandovi. The court will next hear the PIL along with a related PIL from 2016 on July 6.
