Bombay High Court Demands Goa Government's Explanation on Proposed Large Casino Vessel
The Bombay High Court has formally requested the Goa government to provide a detailed response regarding the controversial proposal to introduce a new, significantly larger offshore casino vessel into the Mandovi river. This development comes as a Public Interest Litigation (PIL) challenges the permission granted for this substantial vessel, with the court expressing serious concerns about its potential impact on river navigation and legal compliance.
Legal Battle Over Vessel Replacement Intensifies
A division bench comprising Justices Valmiki Menezes and Amit Jamsandekar has raised pointed questions about the practicality and legality of replacing a 70-capacity casino vessel with one capable of accommodating 2,000 people. The court emphasized that while replacing a vessel with one of similar size might be understandable, substituting it with a dramatically larger one appears to extend beyond mere replacement.
The bench specifically inquired whether such a massive vessel could safely navigate the Mandovi river during emergencies and whether it might obstruct the channel. Furthermore, the court sought clarification on whether any length restrictions exist for vessels permitted to enter the river, highlighting fundamental safety and regulatory concerns.
Government and Company Defend Their Positions
Advocate General Devidas Pangam, representing the Goa government, informed the court that a comprehensive study was conducted before the No Objection Certificate (NOC) was issued in October 2022. He clarified that this NOC pertains solely to vessel replacement and does not constitute an order under the Public Gambling Act. According to Pangam, the Captain of Ports has merely permitted the vessel's entry, with registration under the Inland Vessels Act falling within their jurisdiction. He stressed that granting gambling licenses remains the exclusive domain of the home department, and these two processes should not be conflated.
Senior advocate Darius Khambata, representing Delta Pleasures Cruise Co Pvt Ltd, argued that all necessary permissions were secured in 2022, and the PIL was filed unexpectedly while the vessel was already en route to Goa. Khambata asserted that no 90-meter length embargo exists for vessels in the Mandovi, noting that boats up to 120 meters can be permitted. He specified that the new vessel measures 112 meters and would be moored at the river's side, not within the navigable channel, thereby avoiding obstruction.
Petitioners Raise Fundamental Legal Objections
Senior advocate S Muralidhar, appearing for the petitioners from the citizen's initiative "Enough is Enough," presented a starkly different perspective. He contended that the vessel should not be moored in the Mandovi river at all, describing the Public Gambling Act as "the elephant in the room." Muralidhar argued that since the original vessel was used for gambling and the replacement is intended for the same purpose, the replacement effectively facilitates gambling without proper licensing.
Muralidhar further questioned how such a large ship could be allowed to travel from Udupi without a valid license, revealing that Right to Information (RTI) requests yielded no publicly available documentation on the matter. He urged the court to prevent the vessel from leaving Udupi or, if it has already departed, to order its return due to the absence of proper licensing.
Timeline and Practical Considerations
The casino company has indicated that the new vessel must reach Goa before mid-May, as river conditions are expected to become too rough afterward. The court has scheduled the PIL hearing for Monday, while the government has until Friday to submit its formal reply. This tight timeline adds urgency to the legal proceedings, with significant implications for Goa's gambling industry and river management.
The case underscores ongoing tensions between commercial interests in Goa's lucrative casino sector and concerns about environmental impact, public safety, and regulatory oversight. As the legal battle unfolds, stakeholders await the court's decision on whether this massive new vessel will be allowed to operate in the Mandovi river, potentially setting important precedents for future developments in offshore gambling operations.
