Team Goemkarponn
Panaji: The Archaeological Survey of India (ASI) had categorically prohibited any fresh construction—horizontal or vertical—at the site of the controversial bungalow located within the UNESCO World Heritage precinct at Old Goa, according to findings submitted before the Supreme Court.
Official correspondence of the ASI, annexed to an inspection report ordered by the apex court, reveals that permissions were strictly limited to repairs of an existing structure, without allowing any expansion. The ASI had clearly stated that granting approval for new construction in the protected zone was beyond the jurisdiction of the National Monuments Authority.
While examining an application seeking a no-objection certificate, the ASI observed that the proposed residential house fell entirely within the protected area of two centrally protected monuments—the Church of St Cajetan and the Arch of the Viceroy. The applicants were identified as Jose Maria de Gouveia Pinto and Maria Linette de Abreu Gouveia Pinto.
In its inspection note, the ASI recorded that since the proposal involved a completely new construction, permission could not be granted as the land was located within a protected area. It clarified that only repairs to the existing structure, in its original form and without any horizontal or vertical additions, could be considered.
However, the Supreme Court–mandated inspection found that the original structure on the site had been demolished and replaced, raising serious concerns over how construction was permitted despite explicit objections raised by the ASI.
The inspection report also referred to an earlier ASI letter dated November 16, 2018, issued by the Goa Circle to ASI (Monuments) in New Delhi. The letter described the site as having only a small, dilapidated hut that had remained unoccupied for several years.
According to the ASI, this hut was reflected in the Gazette notification dated June 1, 1968, when the monuments of Old Goa were declared centrally protected under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958.
The ASI questioned claims that a residential house had existed on the property since 1931, pointing out that no objections were raised at the time of the 1968 notification. It further stated that no permission had ever been sought or granted by the ASI for repairs or renovations, even after the alleged cyclone damage in 1992.
“The property falls within the protected area of the Church of St Cajetan, Old Goa. The only structure present is a small dilapidated hut, unoccupied for many years, which is also reflected in the 1968 gazette map,” the ASI communication stated. It added that if a house had existed since 1931, objections should have been raised at the time of notification.
The ASI reiterated that any consideration of permission could be limited only to repair or renovation of the existing structure, without any expansion, given the site’s location within the World Heritage zone.
These observations form part of a report submitted to the Supreme Court by Edgar Fernandes, retired District and Additional Sessions Judge of Goa, who was appointed by the apex court to inspect and assess the disputed site.
Justice Fernandes was directed to inspect Plot No. B, measuring 2,400 square metres, located at Survey No. 4/1 of Village Ella, Old Goa, owned by Suvarna Lotlikar. The inspection followed a Supreme Court order to examine the permission for repairs granted by the Director (Monuments-II) on February 3, 2020.
