the goan I network
PANAJI
The Bombay High Court at Goa has, by way of interim relief, modified the Goa Tourism Department’s shack policy to instead ensure that there are now only two classes of applicants -- those with more than three years of experience who will be eligible for 90% of the shacks and those will less than three years experience or with no experience who will be eligible for the remaining 10%.
“Applicants having a minimum of three years experience are eligible to participate in the shack allotment process by draw of lots for 90% of the total beach shacks located on government/public beach areas [shall be considered],” the High Court of Justice M S Sonak and Nutan Sardesai ruled.
“The remaining 10% of the shacks, consistent with the policy can be allotted to other applicants who are having experience of less than 3 years or without experience in their respective districts,” the High Court ruled.
Faced with the changes, the Advocate General Devidas Pangam told the court that it would now be necessary to issue a fresh advertisement inviting applications from the applicants having minimum 3 years experience so that there is no complaint of denial of opportunity to all such applicants.
“The necessary advertisement to be issued forthwith, so that there is no unnecessary delay in the implementation of Shack Policy 2019-22,” the HC ruled.
Hearing a petition filed by one Malcon Rodrigues and others who argued that the policy left very little for those with no experience, the High Court found that the policy which kept more than 50% of shacks for those with more than 10 years experience and 40% shacks for those with five years or more experience, would result in the creation of a monopoly.
For all these years broadly, applicants having experience of minimum 3 years, were eligible to take part in the shack allotment process by way of draw of lots. However, from this year, 50% of the total beach shacks located on government/public beach areas are made allottable to only those applicants having a minimum of 10 years experience or more, in their respective districts. Similarly, 40% of the total beach shacks are made allottable to only those applicants having experience of 5 years or more, but less than 10 years in the respective districts.
“If such a requirement is permitted to operate, then, at least prima facie most of the
applicants, including most of the applicants having even three years experience in the field will be disabled from even taking part in the shack allotment process, which is even otherwise by draw of lots.
According to us, the impugned requirement, which keeps out such a large number of applicants, when it comes to consideration of 90% of the total beach shacks on government/public beach areas, will at least prima facie amount to an arbitrary and unconstitutional requirement,” the High Court ruled.
“Such a requirement will only promote monopoly in favour of the existing allottees, who, for years to come, will easily secure allotments by virtue of such an over restrictive criteria for which there is no cogent explanation furnished in the return filed on behalf of the State,” the Court also said.
The Court has kept the matter for January for more detailed arguments challenging the broader issues raised in the petition including for doing away with the experience of requirement in its entirety, or in any case making allotments on the basis of public auction, having regard to the principle that for use of public property the State must receive maximum income.
