Petitioners had objected as site was in proximity to Fort Aguada
DANGEROUS PROPOSITION SHOT DOWN: The structure which was being constructed on the ecologically sensitive Sinquerim Hill, barely 100 metres from the historic Fort Aguada.
MAPUSA
In a significant development, the High Court of Bombay at Goa has disposed off a Public Interest Litigation (PIL) challenging a construction on the eco-sensitive Sinquerim hill, after the project proponents – Indian Oil Foundation (IOF) – submitted in writing that the proposed construction stands withdrawn.
The PIL, filed by local residents and Calangute Constituency Forum, had raised strong objections to a construction project coming up in Survey No 96/0 of Candolim village, an area classified as CRZ-I A, which prohibits developmental activity without prior permissions from the Goa Coastal Zone Management Authority (GCZMA) and the local panchayat.
The petitioners also pointed out that the site falls in proximity to the historic Fort Aguada, which is a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
During a previous hearing on June 23, the court had recorded a statement from the Deputy Solicitor General, appearing on behalf of respondent no. 3 (Archaeological Survey of India), confirming that no construction activity was ongoing at the site.
In the hearing held on Thursday, advocate representing the Archaeological Survey of India, submitted that the IOF had formally withdrawn the project.
He placed on record a communication dated July 3, from the General Manager of Indian Oil Foundation to the Additional Director General of the ASI, citing the lack of response to earlier requests seeking permission to either resume work or formally terminate the existing contract.
The letter mentioned contractual difficulties and financial losses due to idle resources, which ultimately led to the decision to withdraw the project and seek permission for the contractor to clear the site.
The Court accepted the communication, marking it as 'X' for identification, and recorded the official stand that the project has been closed.
Based on this submission, the Court disposed off the PIL.
The order is being hailed as a significant victory by the local residents and environmental activists who had strongly opposed the project, citing threats to the fragile coastal ecology and the nearby heritage site.
“We welcome the High Court's order restricting the ASI from permitting any commercial development in the protected heritage site of Fort Aguada. This decision is a significant victory to CCF and the villagers of Sinquerim-Candolim for the preservation of Goa’s cultural and historical legacy,” said Premanand Diukar, President of CCF.
“The court's order reinforces the principle that historical monuments must be safeguarded from unchecked commercialisation and exploitation. The move puts a much-needed check on the trend of converting heritage sites into revenue-generating commercial spaces under the guise of tourism promotion,” he added.
