The Bombay High Court at Goa has quashed and set aside an order passed by the Additional Director General, Archaeological Survey of India, New Delhi, on demolishing the controversial structure in the vicinity of the historic St Caetano church at Old Goa. The court observed that the order was passed without issuing a notice to the parties concerned and cited it as violating the principles of natural justice. The court held that no opportunity was given to the affected party to put up a defence; hence, the demolition order could not be considered legally valid.
As expected, the court has gone by the law, clearly stressing the legal prerequisites of ordering a demolition. The foremost question is why the ASI rushed with the demolition order circumventing the requirements of the law, knowing well that such an order cannot stand the court's scrutiny.
The ASI boasts of being a premier organization for archaeological research, conservation, and preservation of protected monuments. It is an attached office under the Department of Culture with a designated head as Director General, an Additional Director General, two Joint Director Generals, and 17 Directors assisting. How can such an institution ignore the very laws governing heritage sites? Why did the government consul not advise against an infringement on "natural justice" pointed out by the high court? These questions raise a strong suspicion of a deliberate and coordinated effort to shield the promoters and douse the raging opposition fire at a crucial time in Goa.
If we recall, the ASI demolition order came on August 16, 2022, when Goa was heading into a fierce assembly election, and against the backdrop of a protest and hunger strike spearheaded by activists and ordinary citizens embarrassing the BJP governments at the State and Centre. Also, the church stood in solidarity with Archbishop Filipe Neri Ferrao, making a reference to the "obnoxious activities' at Old Goa.
While the High Court gave the ASI's order a stay two months later, on October 12, even the village panchayat order of demolition issued on February 10, 2022, could not be taken to its logical conclusion despite the local body having twice issued show-cause notices after the TCP had revoked technical clearances. The sad irony is that a massive structure that surfaced in 2021 continues to stand tall despite citizens, activists, heritage lovers, panchayat and even the church standing against it. This is unprecedented and reflects the power lobbies that are at play in the background.
Expressing dissatisfaction with the High Court order only amplifies the emotions attached to Goa's rich heritage. It is pertinent to note that the proposed Bainguinim garbage treatment plant in the vicinity of Old Goa still faces opposition despite clearance from the government because of the proximity to the heritage site. Protection of heritage and environment are issues that Goans are currently grappling with.
The ASI must be held accountable for its mindless act of deviating from legally accepted norms. Now that the court has put the case in proper perspective, the ball should be back in the ASI's court, and it remains to be seen how swiftly it issues a show cause to the promoters and initiates necessary action.
