Rebello lays out legal path; ball now in CM’s court

Former judge of the Bombay High Court, Justice Ferdino Rebello, on Thursday placed the onus squarely on the State gov ernment to act in accord ance with public interest, after submitting a memo randum of 10 ‘achievable and reasonable’ demands to Chief Minister Pramod Sawant at the Mantralaya in Porvorim. Emerging from the meet ing, Justice Rebello said his representation articulated what people across Goa have been consistently de manding — development that operates within the constitutional framework and does not come at the cost of the State’s ecolo gy, demography and social fabric. He underlined that the legal architecture already empowers the government to act decisively, if there is political will.

Central to Justice Rebello’s submissions was his long-standing demand for the removal of casinos from the River Mandovi within six months. Describ ing gambling as a ‘sin industry’ that destroys fami lies, he questioned the logic of permitting casinos to continue merely by barring Goans from entry. “Even if Goans are banned, do you want families from other parts of India to be destroyed?” he asked, asserting that casinos do not qualify as trade or commerce un der Article 19(1)(g) of the Constitution and that the state has full authority to withdraw permissions at any time. He argued that shifting casinos out of the Mandovi is not a policy dilemma but an enforceable decision already supported by law and past government as surances. “Let the casinos go to the sea. Our policy is that the Mandovi has to be clean. It cannot remain polluted forever,” he said, recalling how the river once served as a public space for local youth — a reality that has since disappeared. Justice Rebello also raised serious concerns over the functioning of the Town and Country Planning (TCP) Department, alleging that recent decisions are systematically undermining public interest. He demanded the scrapping of Sections 17(2) and 39(a), which he said dilute safeguards meant to protect Goa’s fragile ecology and open the door to arbitrary development. Referring to a 2023 circular on hill cutting, Justice Rebello urged the Chief Minister to withdraw it im mediately, alleging that it enables changes in land contours without due process. He pointed out that while contour plans are prepared by the Surveyor General of India, private architects submit alternative plans that are being accepted by the TCP for grant ing project approvals. He demanded the cancellation of such permissions and a stay on all constructions sanctioned without SGI-approved contour plans, to allow for a comprehensive legal review. Questioning the larger direction of development, Justice Rebello asked, “What is the benefit of the bun galows that are coming up?” He warned that unregulated construction is leading to the destruction of hills and altering Goa’s demography, contrary to the wishes of its people. “No development should be at the cost of Goans,” he said. Justice Rebello said the Chief Minister heard him patiently and was shown the relevant circulars and legal provisions. “Now let us see what happens,” he remarked, signalling that the next step lies with the government. Confirming the meeting, Chief Minister Pramod Sawant said he had received the representation. “They have submitted their representation. I will go through it and take a call later,” he said. With the legal roadmap now clearly laid out and the people’s demands placed formally on record, the responsibility now rests with the Chief Minister to translate repeated assurances of governance in line with public sentiment into concrete action.

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