the goan I network
PANAJI
The Bombay High Court at Goa disposed off a petition filed by one Manuel Santana D’Souza and other villagers of Sancoale who had objected to the Archdiocese of Goa and Daman holding the feast of St José Vaz at the ‘Frontispiece of Sancoale’, the ruins of the old Sancoale Church on grounds that it would damage the heritage structure and was in violation of the “Goa Ancient Monuments and Archaeological Sites & Remains Act, 1978.”
The petition was filed in January this year in a bid to stymie the shifting of the location of the feast of St José Vaz from the Oratory where it was held all these years to the old church.
However, in an order issued on January 15, a day before the feast, the High Court denied any interim relief to the petitioners in the form of disallowing the feast celebration at the site, which was sought.
The High Court, after hearing the matter at length had declined to grant any blanket directions that the feast should not be held there without obtaining due permission from the Directorate of Archaeology.
“According to us, there is no case made out for issuance of any such blanket direction, particularly because we were not convinced that mere celebration of the feast at the site will pose any danger or harm to the protected monument,” the HC ruled.
“There will be no question of using heavy earth machinery like excavators, etc. without complying with the due process of law, which will
obviously include, obtaining permissions, where such permissions are required in terms of law. Therefore, on the basis of the Petitioners’ apprehension, we do not deem it appropriate to issue some blanket directions in the context of celebration of the feast at the site,” the High Court said.
D’Souza and others had alleged that since 2017 the church authorities have been undertaking development activities, within 100 metres from the protected monument, heavy earth machinery like excavators were employed for undertaking development activities, within 100 metres from the protected monument.
However, an inspection by officials of the Directorate of Archives and Archaeology found that other than temporary structures there was no ‘development’ of the area.
The church assured the court that that no heavy earth machinery was used or is intended to be used at the site of the protected monument. “Some temporary stalls have been put up, most of them are beyond the property. He states that even these stalls are purely temporary structures, which will be removed as soon as the feast is over. A temporary pandal has been erected close to the monument, which is 8 metres away from the monument for the purposes of celebrating the feast (novena),” advocate Coelho Pereira told the court.
“The activities of putting up the pandal for celebrating the feast is all that is being undertaken. There is no intention to undertake any development as such or any development which will include use of heavy earth machinery like excavator, without following the due process of law,” Coelho Pereira said.
Besides this, the director of Archives and Archaeology informed the court about measures taken by the department to protect monuments in the state and the structure in particular including structural audits, clearing of vegetation, minor repairs, etc.
The Director also informed that Section 4(5) of the Act provides that “nothing shall affect the use of any protected monument for customary religious observances.” and that section 15(1) of the Act reads that “a protected monument maintained by the Government under this Act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character.”
“We are quite satisfied that proper steps are being taken to conserve and protect the protected monument,” bench of Justices Nutan Sardesai and MS Sonak said.
