Supreme Court Asks Litigant To Approach High Court For Preservation Of Protected Monument In Goa

In a public interest litigation initiated for protection of a monument of national importance in Goa, the Supreme Court today granted liberty to the petitioner/Goa Foundation to move the concerned High Court.

The Bench of Justices Surya Kant and KV Viswanathan said, "we are satisfied that the appropriate [...] would be firstly to approach the High Court...we are thus not inclined to entertain this writ petition at this stage and dismiss the same with liberty to the petitioner to approach the High Court".

Considering that besides the monument, the petitioner and most of the respondents were also located in Goa, the Bench remarked that the High Court was well equipped to look into the issues sought to be raised by the petitioner.

Notably, the petition pertained to preservation of Survey No.4/1 of Village Ela (Old Goa), part of a UNESCO World Heritage site, in which two protected monuments ie Church of St. Cajetan and Viceroy's Arch fall.

During the hearing, Senior Advocate Sanjay Parikh, appearing for the petitioner-Foundation, informed the court that some respondents had filed petitions raising related issues before the High Court, which have been challenged. As such, related issues were pending before the top court. Be that as it may, the issue of protection and preservation of Ela Village was not directly or substantially a subject matter of consideration in those matters.

The Bench asked Parikh as to what stopped the Foundation from approaching the concerned High Court.

Referring to the pending SLPs, the Senior Counsel replied, "the difficulty is, issues are pending here...in SLPs"

Kant, J responded, "PIL can't be filed for an issue [...] already before the court..."

At this juncture, Parikh conceded that the Foundation can independently raise the issue before the High Court, but it may be permitted to do so by the court. "I would have gone there...I filed 32 only because I thought there will be cumulative application of mind by this court on all the issues", said Parikh on behalf of the Foundation.

Before dictating the order, Kant, J remarked, "In the interest of justice, it is better that you go to High Court. Issue, as framed by you, is a slightly larger issue".

CASE TITLE: THE GOA FOUNDATION AND ORS. Versus UNION OF INDIA AND ORS.