PANAJI
The Bombay High Court at Goa has restrained the Goa government from going ahead with building an approach road at public cost for the sole benefit of the International Society of Krishna Consciousness (ISKCON) that is seeking to build a vedic village, goshala and other amenities on a ‘land-locked’ plot of land they own at Borim.
ISKCON owns a 32,000 sq mts plot on a hilltop at Borim that they say was gifted to them, but the property being land-locked, without any access road, they were unable to obtain permission for construction.
Further, since no road to access the property was marked on the Regional Plan 2021, ISKCON couldn’t build a road on their own in violation of the Regional Plan forcing them to have to approach the State government for help.
“We have obtained all the required NOCs from Comunidade, Department of Town & Country Planning as also from Borim Panchayat. The property has no other approach and is thus land-locked. The project will be of public welfare and tourist attraction,” ISKON said in a letter to the Goa Chief Minister back in 2021 requesting his “support in construction of the road through PWD department at priority.”
Following the letter, a report prepared by the Assistant Engineer, PWD stated that the estimated cost for the construction of approach road for proposed Vedic Village Project is Rs 3,12,31,800 and that the total population that would be benefited by this road is 1500.
Based upon the above the Government decided to provide an approach road to ISKCON's private property with a tender bid in an amount of Rs 2.77 crore.
The petitioners Deelip Babal Naik and Abhijit Prabhudesai argued that the property through which the Government is constructing the road for the sole benefit of ISKCON has no houses and didn’t constitute public purpose.
The State Advocate General submitted that ISKCON intends setting up vedic village, a temple and a goshala, all of which constitute a "public purpose". He, therefore, submitted that there was no bar to the State agreeing to provide an approach road to ISKCON's private property where such a project was going to be set up.
“We think at least prima facie, doling out of such a largess to a private party may not pass the Constitutional muster,” the High Court bench of Justices M S Sonak and Bharat Deshpande ruled.
“It is imperative that if the Government awards a contract or leases out or otherwise deals with its property or grants any other largesse, it would be liable to be tested for its validity on the touchstone of reasonableness and public interest and if it fails to satisfy either test, it would be unconstitutional and invalid… the State cannot act arbitrarily, capriciously or in an unprincipled manner. It is well settled that the Government is not free, like an ordinary individual, in selecting the recipients for its largesse, and it cannot choose to deal with any person it pleases in its absolute and unfettered discretion,” the High Court also said.
The High Court also observed that prima facie, this could be a case of ISKON using the state’s powers to bypass what would have ordinarily been an impediment in going against the Town and Country Planning Act.
“The material on record suggests that initially, the ISKCON obtained permissions for the construction of such a road/access in its name. However, since this road/access was not reflected in any of the plans prepared under the Goa Town and Country Planning Act, 1974 (Planning Act), the ISKCON might have encountered difficulties in constructing the same. The Government was approached, and the Government readily obliged,” the High Court noted.
