Petitioners argued that construction threatened local ecology and biodiversity
MAPUSA
The Supreme Court has dismissed an appeal filed by two biodiversity committee chairpersons from North Goa who had challenged a High Court order upholding permissions granted to a resort project at Paliem, Ucassaim.
The appeal was moved by Alvito D’Silva, Chairman of the Pomburpa-Olaulim Biodiversity Committee, and Ganpat Sidhaye, Chairman of the Penha de France Biodiversity Committee.
The duo had earlier approached the Bombay High Court at Goa by filing a Public Interest Litigation (PIL) against the development undertaken by Mayfair Resorts India Ltd, alleging environmental violations and irregularities in the clearances granted for the project.
In its judgment, the Bombay High Court at Goa had dismissed the PIL, holding that the project proponent possessed all the required permissions and approvals from the competent authorities.
The court observed that the construction and development permissions were granted in accordance with law and that no substantive illegality had been established by the petitioners.
Significantly, the High Court also questioned the bona fides of the PIL. While the petitioners had described themselves as concerned citizens of Goa seeking to uphold the rule of law, the bench noted that they were not directly affected parties and had failed to establish sufficient locus standi to bring the matter under the banner of public interest. The court remarked that the petition could not be considered a genuine exercise of public interest litigation.
Following this setback, D’Silva and Sidhaye moved the Supreme Court challenging the High Court’s reasoning and reiterating their opposition to the resort project.
They argued that the construction threatened the local ecology and biodiversity, and that the permissions were not granted in a transparent manner.
However, after hearing the parties, the Supreme Court upheld the High Court’s findings and dismissed the appeal.
The apex court found no merit in the petitioners’ claims and agreed that the project was being developed with valid approvals.
The Mayfair Resorts project at Paliem, Ucassaim has been at the centre of local opposition for several years, with activists and residents raising concerns about the ecological sensitivity of the area.
While some citizens’ groups have welcomed legal scrutiny of large-scale tourism projects in Goa, both the High Court and now the Supreme Court have made it clear that this particular challenge lacked legal basis.
With the dismissal of the appeal by the apex court, Mayfair Resorts India Ltd is legally in the clear to proceed with the project, having withstood challenges in both the High Court and the Supreme Court.
