The High Court of Bombay at Goa has disposed of a PIL Writ Petition concerning alleged violations in shack operations at Calangute beach, observing that the reliefs sought related to the 2012“2013 season and had since been rendered infructuous.
The Division Bench of Justices Valmiki Menezes and Shreeram Shirsat noted that the Petitioner, Reuben Franco, had not raised any fresh grievance since 2014, and the shack policies adopted by the government over successive three-year periods had already incorporated comprehensive environmental and regulatory safeguards.
“Considering that the reliefs sought in the petition appear to be now rendered infructuous, even the fact that the reliefs sought relate to the year 2012-2013, the same is dismissed for the above reason. However, it is made clear that in the event that the Petitioner has any grievance which was left unaddressed in this petition, it is left open to him to raise the same by way of a fresh petition in which he may agitate any other issues which are permissible at law,” reads the order while disposing of the petition.
Franco, who appeared in person, had alleged that certain shacks which were erected on the Calangute beach at Umtavaddo in the tourist season, October 2012 to May 2013 were not cleared even though the season ended. The other concern he expressed was that the licence to set up the shack did not allow the construction of septic tanks on the beach, but the shack allottees violated the conditions.
The department, in an affidavit filed by (former) Director Ameya Abhayankar in 2014, maintained that the site had been inspected and the shacks were removed. Officials further stated that no septic tanks were found at the location, and an enforcement mechanism was in place under the Shack Policy of 2013“2016 to ensure compliance.
Franco, however, countered these claims in a rejoinder, citing a survey report and photographs that allegedly showed remnants of a septic tank and toilet. The Bench stated there was no reason to disbelieve the department’s affidavit, especially as subsequent shack policies -- the latest being for 2023-2026 -- mandated strict compliance with environmental, waste disposal and noise pollution regulations.
