Petitioner argued move would violate statutory provisions and exceed river’s carrying capacity
PANAJI
The High Court of Bombay at Goa on Wednesday directed the State government to file an affidavit clarifying its stand on whether a new 2,000-seater passenger vessel can be permitted to enter and operate as a casino in the Mandovi river, after petitioner “Enough is Enough” argued that such a move would violate statutory provisions and exceed the river’s carrying capacity.
Appearing before the court in a public interest litigation (PIL), the petitioner represented by Retd Chief Justice of Delhi High Court S Murlidhar contended that there is no legal provision to merely substitute an existing licensed casino vessel with a much larger one without obtaining fresh licences and approvals.
Arguing before the Division Bench of Justice Valmiki Menezes and Justice Amit Jamsandekar, the petitioner claimed that the proposed vessel, presently stationed at the outer anchorage near Udupi fort, would become the largest casino vessel in Goa and exceed the combined capacity of all existing offshore casinos in the State.
“Being used to run a casino is sought to be substituted by a 2000-seater passenger vessel again for running a casino. Admittedly this is going to be the largest casino in Goa because it is exceeding the complete strength of all the existing casinos and it wants to dominate the scene,” he said.
The Retd CJ further argued that permitting the vessel to operate in the Mandovi was contrary to the law, which envisages phasing out existing offshore casinos from inland waters and shifting operations to territorial waters.
“This is completely at odds with the statutory provisions which contemplate phasing out of the existing casinos and taking them back to territorial waters if they still want to operate because the statute only contemplates vessels in territorial waters, not inland waters,” he submitted.
The PIL urged the court not to allow the vessel to enter the Mandovi river till the State makes its position clear on whether such a vessel can legally be licensed as a casino.
“Do not allow this new vessel to enter the Mandovi river,” the petitioner urged the High Court.
He also stated that the existing operator was under the impression that the licence earlier used for a 70-seater vessel only required an amendment to cover the new vessel, and no fresh application was necessary.
“According to us this is a completely erroneous understanding of the law and it cannot be done this way,” Murlidhar added and sought a clear response from the government on whether a fresh licence would be mandatory.
Advocate General Devidas Pangam indicated that the licence could not be merely amended, but the court directed the State to place its stand on affidavit.
The petitioner also questioned the rationale of allowing the vessel to enter and permanently moor in the Mandovi river if it is ultimately found ineligible to receive a licence to operate as a casino.
The PIL has also raised concerns over the vessel’s seaworthiness, navigational safety, environmental impact and legality of permitting such a high-capacity ship in the Mandovi river.
