PANJIM: The High Court of Bombay at Goa has quashed and set aside the order of the Archaeological Survey of India (ASI) directing the demolition of the illegal structure in Old Goa’s heritage precincts. The High Court has quashed the order “upholding the principles of natural justice”.
The High Court quashing and setting aside the ASI order has come as a major blow to the activists, who have been protesting against the Old Goa illegal structure since November 2021. They have now pinned their final hope on the Supreme Court. The HC order quashing the panchayat and TCP clearance has been challenged by Save Old Goa Action Committee (SOGAC) which will be heard soon.
It may be recalled that the developer Corvus Urban Infrastructure had appealed before the High Court against the orders of the Village Ella, Se Old Goa, and the Town and Country Planning (TCP) with regard to the structure in November and December 2021. The ASI had ordered the removal of the structure in August 2022. Earlier, the High Court had on similar grounds quashed the order of the panchayat and the TCP, which had revoked the technical clearance for the construction. Further in October, the HC stayed the demolition order of the ASI until the case was heard. Now, the HC has quashed the ASI order as well.
Activists have expressed pain while reacting to the order. The Save Old Action Committee has spearheaded this movement. The Church had initiated the protests against this injustice and then the people took over. With the people taking over the Church hasn’t been as vocal thereafter.
Reacting to the order, social activist Anthony D’Silva said, “It is painful how the courts are delaying or finding loopholes in technicalities to let the illegal bungalow to be there. We will approach the Supreme Court to make sure the truth that the bungalow is illegal prevails. The bungalow is totally illegal and it has to be demolished and will be demolished.”
“It is an injustice to the people of Goa. Even after a complaint in the police station that the license was taken fraudulently, the petitioner developer gets a passage for natural justice. It is surprising,” said Glen Cabral, a social activist.
“There is CRZ violation as well wherein non-traditional persons have been given clearance to undertake work in the conservation zone,” he added.
He said that their only hope now is the Supreme Court. The order of the HC quashing the orders of the village panchayat and TCP has been challenged before the SC which is coming up for a hearing soon.
Meanwhile, the Archaeology Minister Subhash Phal Desai has clarified that whatever was to be submitted has been done from their end and the Archaeological Survey of India will take the necessary action in the Old Goa illegal structure matter. “The matter is sub judice and if the ASI asks for any further details we will furnish them,” he said.
