PANAJI
The High Court of Bombay at Goa has directed the Archaeological Survey of India (ASI) to draft long-pending heritage bylaws by June 15, which will govern development around centrally protected monuments in the State.
“We request Respondent No. 10 (ASI), as far as possible, to complete drafting the bylaws by June 15, 2026,” the Division Bench of Justice Valmiki Menezes and Justice Amit Jamsandekar observed, noting that no heritage bylaws have been framed for centrally protected monuments in Goa so far.
The Bench was on Wednesday hearing a public interest litigation (PIL) seeking time-bound preparation of draft site plans and heritage bylaws for 21 centrally protected monuments in Goa, including prominent churches and temples.
The court had in March issued notice to the ASI, the Town and Country Planning (TCP) Department, the Old Goa panchayat, and other authorities.
The petition called for draft site plans and bylaws to be prepared within three months for 14 monuments in Old Goa including the Se Cathedral and the Basilica of Bom Jesus, and within six months for seven monuments located elsewhere in the State.
Taking note of permissions granted in the absence of heritage bylaws, the court directed the Chief Town Planner (Planning), identified as Respondent No. 9, to place on record a detailed list of all permissions granted, along with survey numbers and relevant particulars.
“Since several permissions have been granted by the competent authority in the absence of any bylaws, we deem it appropriate for Respondent No. 9 to place a list of all permissions granted,” the court said.
The Bench further directed that in cases where permissions have been granted but construction has not commenced, the competent authority must include a condition requiring applicants to seek fresh approval before starting work.
The matter has been posted to June 17, when the ASI is expected to submit a report on the status of drafting the bylaws.
On the proposed heritage interpretation centre by the Goa Tourism Development Corporation (GTDC), the court recorded a statement by counsel for the Tourism Department and GTDC that the project has, for the moment, been shelved. “We accept the statement,” the Bench noted.
Fresh notice has been issued to the National Monuments Authority.
The petitioners, Glean Cabral and Tahir Noronha, submitted that 14 monuments in Old Goa have been declared centrally protected, yet permissions for constructions including those involving the Tourism Department were granted without heritage bylaws in place.
In their plea, the petitioners sought directions to authorities to frame comprehensive guidelines after consulting stakeholders before granting any permissions in the vicinity of protected monuments. They also called for prompt action to remove illegal or unauthorised constructions within protected, prohibited and regulated zones.
