209 PILWP-13-2014 8th September, 2025 Jose IN THE HIGH COURT OF BOMBAY AT GOA P.I.L. WRIT PETITION NO.13 OF 2014 Mr. Reuben Franco, Major of age, Resident of Umtavaddo, Calangute, Bardez, Goa. Phone No. 6454373 Fax No. Mobile No. XXXXXX3965 PAN Number: XXXXXX670H … Petitioner Versus 1. State of Goa, Through the Chief Secretary of Tourism, Having office at Secretariat, Alto Porvorim, Bardez, Goa. 2. Department of Tourism, Through its Director, having its Office at Patto, Panaji, Goa. Patto, Panaji – Goa. 3. Village Panchayat of Calangute, Through is Secretary, Calangute, Bardez, Goa. 4. The Goa Coastal Zone Management Authority, Through its Member Secretary, Dempo Tower, Patto, Panaji, Goa. 5. Goa State Pollution Control Board Through its Member Secretary Dempo Towers, E.D.C. Complex, Patto Plaza – Panaji. ... Respondents 2025:BHC-GOA:1645-DB 209 PILWP-13-2014 8th September, 2025 None for the Petitioner. Mr. Manish Salkar, Government Advocate for Respondent Nos. 1 to 4. (through V.C.) Mr. H.D. Naik, Advocate for Respondent No.3. (through V.C.) CORAM: VALMIKI MENEZES & SHREERAM V. SHIRSAT, JJ. DATED: 8th September, 2025 ORAL JUDGMENT (Per Valmiki Menezes, J.): 1. This petition has been filed by a Petitioner who appears in person. We have called this matter out on at least three adjourned dates. The Registry of this Court has also attempted to contact the Petitioner, whose phone number is found on the file; however, the phone number of the Petitioner appears to be switched off. We have proceeded to hear the learned Government Advocate Mr. Manish Salkar, appearing for Respondent Nos.1 to 4 and Mr. H.D. Naik, appearing for the Village Panchayat. 2. The primary contention raised in the petition is that certain shacks which were erected on the Calangute beach at Umtavaddo in the Tourist Season October 2012 to May 2013, have not been cleared, after the tourist season came to an end. The other concern expressed by the Petitioner was that the licence to erect the shack as granted by the Tourism Department, did not allow for construction of septic tanks on the beach and in violation of this condition, the shack allottees in this area had carried out such constructions. 209 PILWP-13-2014 8th September, 2025 3. An affidavit has been filed by the Director of Tourism Shri Ameya Abhayankar which is dated 22.09.2014. In this affidavit, the Director of Tourism has come on record to state that the site in question was inspected and according to the reports produced before him, the vestiges of the shacks of the Tourist Season 2012 to 2013 have been completely removed from the site. He has also come on record in paragraph 12 of the affidavit that a team comprising of a Junior Engineer, Information Assistant and Supervisor attached to the Office of the Tourism Department, had inspected the concerned sites and had noted that there are no septic tanks seen at the site at the time of inspection. The affidavit also contains the details of the enforcement mechanism put in place by the Tourism Department to ensure that during the subsequent Tourism Season and under the Shack Policy of 2013 to 2016, the conditions imposed on the grantees of shacks are enforced. 4. The statements made by the Director of Tourism have been controverted in an affidavit in rejoinder filed by the Petitioner, who contends, on the basis of the survey report and photographs placed on record to demonstrate that there are some vestiges of a toilet and a septic tank at the site. 5. Be that as it may, there is no reason for us to, for the moment, reject the statements made by the Department of Tourism. The fact remains that after the Shack Policy of 2013 – 2016, there have been several other shack policies, each for a block period of three years thereafter, the last of which is of the years 2023 – 2026. A copy of the 209 PILWP-13-2014 8th September, 2025 latter Shack Policy 2023 – 2026 is placed on record, under which allotment of shacks for the stretch of beach at Calangute has been already made, and the shacks have been in operation for the tourist season covering this period of policy. In this policy, extensive guidelines and conditions have been incorporated, amongst which are provisions which take care of environment protection, making it mandatory for the shack allottees to provide portable toilet facilities, adhering to norms set down by the Goa Pollution Control Board, Goa Coastal Zone Management Authority and other statutory authorities. The policy also makes it mandatory for beach shack allottees to follow noise pollution norms under the Noise Pollution (Regulation and Control) Rules, 2000, amongst other restrictions which include no construction of septic tanks, soak pits or open drainage of toilet waste into the ground. The policy also requires strict adherence to the groundwater regulations and rules made thereunder. The policy is thus comprehensive and covers all aspects, which are complained of in the petition. 6. From the record, it also appears that the Petitioner has not raised any further grievance since the year 2014 till date, specifically the infraction of any conditions that might have been imposed on the shack allottees during this period. 7. Considering that the reliefs sought in the petition appears to be now rendered infructuous, even the fact that the reliefs sought relate to the year 2012 – 2013, the same is dismissed for the above reason. However, it is made clear that in the event that the Petitioner has any grievance which was left unaddressed in this petition, it is left open to 209 PILWP-13-2014 8th September, 2025 him to raise the same by way of a fresh petition in which he may agitate any other issues which are permissible at law. 8. The petition is disposed of with the above terms. SHREERAM V. SHIRSAT, J. VALMIKI MENEZES, J. Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 08/09/2025 15:36:36