PANAJI
The Bombay High Court at Goa, in a judgement delivered on Thursday ordered the Director of Tourism to implement the queue system for water sports on all beaches where the water sports policy is applicable and quashed an order of the Captain of Ports, which had directed two water sports operators to shift their operations from Majorda to Utorda/Betalbatim.
Hearing a plea filed by two operators Socorina Pereira and Augustino da Silva who were aggrieved by the order of the Captain of Ports, the High Court also said that the queue system would have to be followed.
“We…direct the Government of Goa and the Director of Tourism, to implement the queue system contained in clause 24 of the Government’s Water Sports Policy 2020…for Regulation of Water Sports in the State of Goa on Majorda beach and all other beaches designated by the Director of Tourism for conducting water sports activities. The Respondents No.2 and 3 (Director of Tourism and Captain of Ports) shall implement this policy on Majorda beach and all other beaches to which it applies by designating/appointing appropriate agencies to erect kiosks for dispensing tickets at one point on each of these beaches and to enforce/implement the Queue System so that all the empanelled water sports operators at each beach, including Majorda beach conduct their business by rotation,” the High Court bench of Justices M S Karnik and Valmiki Menezes, said.
“The tickets sold at these kiosks including the kiosk to be set up at Majorda beach shall be sold by such agency in tune with what is specified in clause 24 of the policy,” the High Court also said.
Pereira and da Silva had challenged the order of the CoP that had directed them to shift to other beaches from Majorda citing “law and order problem at Majorda beach” and “public interest” as reasons for the order. The High Court took a dim view of the decision of the Captain of Ports.
“By the impugned orders, the CoP has in effect, allowed the Respondents No.3 and 4 (Menino Fernande and Benedicta Fernandes, rival watersports operators) to exclusively operate at Majorda beach, without any queue system, whilst directing the Petitioners to operate from certain other beaches. This in itself is an arbitrary exercise of powers by the CoP, who, according to the Water Sports Policy, is not empowered to decide which boat or craft should operate from a particular beach,” the High Court observed.
“That in our view, would be decided by the Director of Tourism, who is the Nodal Agency under the Policy, who is required to implement the queue system at every beach, capping the number of trips in a day, through the queue system, based upon the carrying capacity of each beach,” the High Court said.
The Water Sports Policy 2020 was formulated for systematically organising and regulating the tourism industry in the State of Goa. Under this policy, the Government of Goa designated the Department of Tourism to function as a Nodal Department for the safe and smooth operation and regulation of water sports in the entire State and all other related departments including the CoP, Department of Fisheries, Department of River Navigation and the Police Department are required, under this policy to coordinate and assist the Department of Tourism in the smooth discharge of its functions for regulation of water sports activities.
“The Water Sports Policy, if implemented in its true letter and spirit, would ensure the equitable distribution of the revenue generated at each beach in a fair, transparent and seamless manner, through a single agent. The Policy also ensures that every water sports operator has a fair chance to operate his craft/vessel from a beach on rotation and no monopolies would be created where a particular,” the High Court said.
