Goemkarponn Desk
PANAJI: A division bench of the Bombay High Court at Goa comprising Justice M. S. Karnik & Justice Valmiki Menezes, by a brief order dated 18.9.2024, recorded the statement of the Panchayat of Ella, Old Goa, that it would not grant an occupation certificate to the disputed Old Goa bungalow on Survey No.4/1 without leave of the Court.
The Court was hearing a PIL Writ Petition filed by the Goa Foundation and the Goa Heritage Action Group (GHAG) pleading for removal of the bungalow before the Exposition of the remains of St Francis Xavier this November.
The PIL concerns the unprecedented construction of a new residential building in Sy.No.4/1 of Ella village located within the Protected Area of the Old Goa Heritage Complex, carried out in flagrant violation of the permit granted under Section 19 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and on the basis of support from several colourable approvals obtained under entirely fraudulent representations and documents.
The building also contravenes two judgments of the Bombay High Court Court. The impugned construction seriously affects the integrity of the Protected Area site and therefore petitioners have prayed that the Court be pleased to direct that the impugned construction be fully and completely demolished and cleared from the area.
Several components of (seven) heritage buildings in the Old Goa Protected Area are identified by UNESCO as being of Global Heritage Value under the World Heritage Convention of UNESCO.
Petitioners first approached the Supreme Court with a similar petition under Article 32, and the Court was pleased to pass an order permitting the petitioners to agitate these issues before this Hon’ble Court on the grounds made out in the order. The next date of hearing is 17 October, 2024.
