Operator pulls it off in HC; govt told to renew licence within 24 hrs
the goan I network
PANAJI
The order passed by the court on Wednesday, on the petition by Golden Globe Hotels, the High Court agreed with the petition and directed the Goa Government to renew their licence within 24 hours.
Sources in the Home Department have said that the government would comply and issue the licence on Thursday.
The decision came after the State government told the court that the Model Code of Conduct was preventing the officials from taking a decision in the manner.
In affidavit filed before the court, the State government said that Golden Globe Hotels is eligible for a casino licence but that for want of withdrawal of the “Model Code of Conduct”, they are not renewing the same. “The petitioner is otherwise eligible for licence,” the state government said.
Earlier too on January 9, this year the State Government had told the Bombay High Court at Goa that a decision on the application by the government would be taken within four weeks, on the basis of which the Bombay High Court at Goa had disposed off an earlier petition by Golden Globe Hotels to have the government grant a licence.
Golden Globe Hotels prayed that the court pass appropriate orders by commanding the state government to grant application dated 4/7/2016 for renewal of their casino licence and all the connected applications forthwith, as all the necessary compliance including that of deposit of the requisite fees have already been paid.
Golden Globe Hotels also pointed out that as per a previous order of the Bombay High Court back in 2006, directions of the Bombay High Court have to be complied with notwithstanding the Model Code of Conduct.
The Government of Goa had last year told the Bombay High Court at Goa that if the Golden Globe Hotels pays its dues which amounted to nearly `50-crore the state government would favourably consider their application for renewal.
“It is a very old casino. Government treasury can earn around `50 crore. It is absolutely not new and the matter has gone to court. Finally the findings of the court is binding. Only we are taking care to see that the state is also benefitted,” Parsekar had said when the matter first came to light.
However, speaking after the polling was conducted, Parsekar said it would be for the new government to take a decision in the matter.
In August last year, the High Court took on record the statement by the State lawyer Lawande that if the money is demanded is paid, the application would be considered favourably.
“Lawande, the learned Additional Advocate General, upon instructions, states that in case the petitioners deposit the amount so demanded, the State Government shall favourably consider the application for further renewal of the Casino licence from the year 2016 as well as the substitution of the Vessel on the basis of prevailing law as well as on non-discriminating manner and without discrimination with similarly placed other licence holders,” the court order reads.
Earlier the made a representation on April 4, 2016 seeking renewal of casino licence for the years 2011 to 2016 and the State Government considered the said representation favourably in favour of the petitioners, subject to the payment of the Annual Recurring Fees for all the five years from the year 2011 to 2016 with interest thereon.
The petitioners later told the court that they accepted the condition imposed by the State Government for the renewal of the subject Casino licence, which, works out to around `50 crore.
