Princess case: SMIPL has withdrawn applications, lawyer tells High court

PANJIM, SEPT23
After asking to withdraw the bunch of civil petitions, the Bombay High Court at Goa on Monday will hear the final arguments in the petitions filed by Salgaocar Mining Industries Pvt Ltd (SMIPL) challenging the Goa (Tourist Places Protection and Maintenance) Act, 2001.
SMIPL had filed a plea in 2003 seeking a declaration that the Act is in violation of the Indian Constitution. As per the act, the grounded River Princess vessel becomes a state property.
When the matter came up for hearing this morning, Advocate Mahesh Sonak appearing on behalf of SMIPL requested the Court to hear the final argument over the petition.
The court, however, ruled that the petition would be heard only after the company withdraws all its other civil applications.
Accordingly, the lawyer said that the applications were withdrawn.
Earlier, the division bench comprising Justice D G Karnik and Justice F M Reis disposed off the intervention application filed by River Princess Hatao Manch (RPHM), who had raised objection over awarding of tender to SMIPL.
The Court made it clear that the state government is yet to give into the terms of contract to SMIPL and hence RPHM’s intervention does not stand.
Last week state government in an oral statement to the Court, had said that it would modify the terms and conditions set before SMIPL for the removal of the vessel.
Advocate General Subodh Kantak had informed Court that in the fresh modification the state has asked SMIPL to increase the bank guarantee to 10 crores instead of one-crore.  SMIPL, however on Wednesday refused to accept the government’s proposal to deposit Rs 10 crore guarantee for the River Princess tender.
Goa government earlier this month had informed the Court that SMIPL will be given preference to remove the stranded vessel from the Candolim shore as it is ready to do free of cost.
Accordingly, the division bench had asked the government to make sure that the vessel is removed before onset of next monsoon beginning from November 7, 2010 to May 7, 2011.