Asks authorities to draft heritage by-laws by June 15
Panaji: The High Court of Bombay at Goa has expressed concern over permissions being granted for constructions in the heritage precincts of the Old Goa church complex despite heritage by-laws not yet being drafted. The court observed that several structures were likely to come up, while some constructions had already begun, in the area housing 14 centrally protected monuments.
Among the projects referred to by the court are the construction of a new police station in place of the Old Goa police station, and construction of a Heritage and Interpretation Centre, where a roof structure and third floor are being built after permissions for the second and third floors were issued by the competent authority.
The main issue raised in the petition filed by Glean Cabral and another concerns the grant of permissions by the competent authority— the Chief Town Planner (planning)— for construction within the prohibited and regulated areas around centrally protected monuments in the state. In the present case, the monument is the church complex at Old Goa.
According to the petitioners, the competent authority may grant permissions for construction within the said areas only as an exception, as stated in the proviso to Sub-Section 7 of Section 20D of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
The proviso states that the competent authority may, in exceptional cases and with the approval of the National Monuments Authority, grant permission to an applicant for such construction until the heritage by-laws prepared under Sub-Section 1 of Section 20E are published.
According to the petitioners, the by-laws were to be prepared in 2016, the deadline was extended until 2021, and no further extension was notified thereafter.
The court requested the authority concerned to complete the drafting of the by-laws contemplated under Section 20E of the Act, as far as possible, preferably by June 15.
The matter has been listed on June 22, 2026, for a report on the stage of drafting of the by-laws.
