New Delhi, Feb 2 (PTI) The Supreme Court on Friday refused to entertain a PIL which alleged construction of a new residential building in a village in a “protected area” of Old Goa under the guise of carrying out repairs in existing structures.
The top court, however, granted liberty to NGO ‘The Goa Foundation’ to approach the high court with its grievances with regard to alleged new constructions at Ella village, Taluka Tiswadi of Old Goa in contravention of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
A bench comprising Justices Surya Kant and KV Viswanathan took note of the submission of senior advocate Sanjay Parikh, appearing for the NGO, that the area where the illegal structure has come up is also a UNESCO World Heritage Site and nothing new can be allowed to be built there.
The apex court said the Goa bench of the Bombay High Court is “well equipped” to look into the whole issue holistically and disposed of the PIL.
The senior advocate said the plea was filed in public interest “due to the construction of a brand new residential building in Sy.No.4/1 of Ella village, Taluka Tiswadi, located within the Protected Area of Old Goa under the guise of carrying out repairs to the structure that existed on the site, on the basis of approvals obtained under fraudulent representations and documents”.
The PIL said the construction of the residential building defeats the object of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 that provides for the “preservation of ancient and historical monuments and archaeological sites and remains of national importance…” in India and constitutes a violation of the fundamental rights under Article 21 (right to life and personal liberty) of the petitioner.
It had sought a direction to the authorities to preserve and protect the village and “direct the demolition of all illegal constructions on the said site”. The PIL had sought an enquiry into demolition of an existing structure and construction of an entirely new structure in a protected area despite the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and the place being a UNESCO World Heritage Site. PTI SJK SJK SK SK
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