Supreme Court - Daily Orders
Save Old Goa Action Committee vs Union Of India on 2 December, 2025
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
IN THE SUPREME COURT OF INDIA
EXTRAORDINARY APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C) NO.12272 OF 2021
SAVE OLD GOA ACTION COMMITTEE PETITIONER
VERSUS
UNION OF INDIA AND OTHERS RESPONDENT(S)
WITH
SPECIAL LEAVE PETITION (C) NO.13038 OF 2021
SPECIAL LEAVE PETITION (C) NO.23696 OF 2022
AND
SPECIAL LEAVE PETITION (C) NO.20141 OF 2023
ORDER
1. In this batch of Special Leave Petitions, various orders passed by the High Court of Bombay at Goa concerning the same subject matter are under challenge. In Special Leave Petition (C) No.20141 of 2023, the judgment dated 06.02.2023 in Writ Petition No.48 of 2023 is assailed. In response to the same, an affidavit dated 22.03.2024 has been filed on behalf of the respondent Nos.1, 3 to 5 by the Director (Archaeology). The learned Counsel Signature Not Verified Digitally signed by appearing for the Archaeological Survey of India invited our Jayant Kumar Arora Date: 2025.12.06 12:44:17 IST attention to the affidavit filed on behalf of respondent Nos. 1, 3 to 5 Reason:
SPECIAL LEAVE PETITION (C) No. 12272 of 2021 Page 1 of 9
in SLP (C) No. 12272 of 2021. In paragraph 31 of the said affidavit it has been stated as under:-
“The ASI team has inspected the site of construction on 01.02.2024. However, the construction undertaken at the site by Smt. Suvarna Suraj Lotlilkar (or by new owner) are not covered under permission dated 03.02.2020 granted for repair and therefore is in violation of AMASR Act, 1958. A copy of the Inspection Reports of the ASI to Parcem, Village Pernem Taluka, North Goa, is annexed and marked as ANNEXURE-R-17 [Pg.No.140-153].
2. At Annexure R-17, a copy of the Inspection Report dated 02.02.2024 undertaken by the Superintending Archaeologist, ASI Goa, Circle and other Officers has been placed on record. The inspection was carried out on 02.02.2024 and in Paragraph 4 of the said report it has been observed as under:-
“The subject structure presently in existence at the site was constructed by the erstwhile owner of the said property (Sy. No.4/1 of village Ella, Old Goa), Smt. Suvarna Suraj Lotlikar. It has been constructed by her after obtaining a permission to repair a dilapidated coconut shed/loja admeasuring 07.00 meters x 07.20 meters which was the only structure existing at this site then. Smt. Suvarna Suraj Lotlekar disguised this loja as her ancestral property and obtained a permission to SPECIAL LEAVE PETITION (C) No. 12272 of 2021 Page 2 of 9 repair the said dilapidated coconut shed/loja and went on to demolish it subsequently. This act of demolition of the said dilapidated coconut shed/loja in a complete violation of the terms of permission dated 03/02/2020 was documented and brought to the kind attention of the Director General, Archaeological Survey of India vide letter F.no.4/73/2020 – 2021 – 1261 dated January 06, 2021 (Copy enclosed Inspection Report Annexure I). The subject building which now exists at the said location is completely modern construction.”
3. During the course of arguments we were also referred to a sketch which forms part of the deed of conveyance dated 08.05.2015 indicating the location of Plot – A admeasuring 9500 sq. mtrs. and Plot – B admeasuring 2400 sq. mtrs. As per the deed of conveyance dated 08.05.2015 (Page 73 of the affidavit), Mr. Jose Maria Pinto had sold Plot No.B admeasuring 2400 sq. mtrs. to Mrs. Suvarna Lotlilkar. The sketch indicating Plot - B is part of the deed of conveyance (Page 88 of the affidavit).
4. The High Court in the impugned judgment did not have the benefit of the aforesaid material as the same was not placed before it for consideration. In the light of the observations in the Inspection Report dated 02.02.2024 that has been prepared by the Superintending Archaeologist and his team and with a view to SPECIAL LEAVE PETITION (C) No. 12272 of 2021 Page 3 of 9 have a better clarity as regards the nature of construction undertaken pursuant to the permission granted by the Director (Monuments – II) on 03.02.2020 (Page 45 of the affidavit), a fresh inspection is warranted in the facts of the case.
5. Accordingly, we appoint Mr. Edgar Fernandes, retired District and Additional Sessions Judge, Goa to undertake and oversee the exercise of inspection of Survey No.4/1 of Village Ella, Old Goa and especially Plot No. B admeasuring 2400 sq. mts. owned by Mrs. Suvarna Lotlikar in the context of the permission for repairs granted by the Director (Monuments-II) on 03.02.2020. For this purpose, Mr. Edgar Fernandes can seek the assistance of the Superintending Archaeologist, Archaeological Survey of India, Goa Circle and a senior officer from the Town and Country Planning Department, Goa. The representatives (one each) of the petitioner(s) and the private respondents would be entitled to remain present during the course of such inspection of which due intimation shall be given to them. The report alongwith photographs shall indicate the nature of structure standing on Plot B. This exercise be conducted within a period of four weeks of communication of this order to Mr. Edgar Fernandes, retired District and Additional Sessions Judge and the report be SPECIAL LEAVE PETITION (C) No. 12272 of 2021 Page 4 of 9 forwarded to this Court accordingly. The Registry to communicate this order to Mr. Edgar Fernandes, retired District and Additional Sessions Judge, Goa.
6. List after four weeks. The Archaeological Survey of India shall keep the relevant files containing the application for permission for repairs alongwith documents annexed thereto leading to the grant of permission for undertaking repairs dated 03.02.2020 for perusal on the next date of the proceedings.
….………………………………………..J. [PAMIDIGHANTAM SRI NARASIMHA] …..………………………..J. [ATUL S. CHANDURKAR] NEW DELHI, DECEMBER 02, 2025.
SPECIAL LEAVE PETITION (C) No. 12272 of 2021 Page 5 of 9
ITEM NO.6 COURT NO.6 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 12272/2021
[Arising out of impugned final judgment and order dated 03-05-2021 in WP No. 1153/2021 passed by the High Court of Judicature at Bombay at Goa] SAVE OLD GOA ACTION COMMITTEE Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) IA No. 99225/2021 - APPLICATION FOR PERMISSION IA No. 20897/2022 - CLARIFICATION/DIRECTION IA No. 95420/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 20898/2022 - EXEMPTION FROM FILING AFFIDAVIT IA No. 20895/2022 - EXEMPTION FROM FILING AFFIDAVIT IA No. 99227/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 95419/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 20893/2022 - INTERVENTION/IMPLEADMENT IA No. 95416/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 95418/2021 - PERMISSION TO FILE LENGTHY LIST OF DATES WITH SLP(C) No. 13038/2021 (IX) FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 97814/2021 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 97815/2021 FOR PERMISSION TO FILE LENGTHY LIST OF DATES ON IA 97816/2021 FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 97818/2021 FOR impleading party ON IA 97820/2021 FOR INTERVENTION/IMPLEADMENT ON IA 97820/2021 FOR INTERVENTION APPLICATION ON IA 152198/2022 IA No. 97818/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 97815/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 97820/2021 - INTERVENTION/IMPLEADMENT IA No. 97814/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 97816/2021 - PERMISSION TO FILE LENGTHY LIST OF DATES SLP(C) No. 23696/2022 (IX) FOR PERMISSION TO FILE LENGTHY LIST OF DATES ON IA 186549/2022 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA SPECIAL LEAVE PETITION (C) No. 12272 of 2021 Page 6 of 9 186553/2022 FOR impleading party ON IA 186556/2022 FOR INTERVENTION/IMPLEADMENT ON IA 186556/2022 FOR APPLICATION FOR PERMISSION ON IA 78660/2023 IA No. 186553/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 186556/2022 - INTERVENTION/IMPLEADMENT IA No. 186549/2022 - PERMISSION TO FILE LENGTHY LIST OF DATES SLP(C) No. 20141/2023 (IX) FOR PERMISSION TO FILE LENGTHY LIST OF DATES ON IA 148391/2023 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 148392/2023 IA No. 148392/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 148391/2023 - PERMISSION TO FILE LENGTHY LIST OF DATES Date : 02-12-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE ATUL S. CHANDURKAR For Petitioner(s) : Mr. Colin Gonsalves, Sr. Adv.
Mr. Deepak Kumar Singh, Adv.
Mr. Satya Mitra, AOR For Respondent(s) : Mr. C. Aryama Sundaram, Sr. Adv.
Mr. Salvador Santosh Rebello, AOR Ms. Rohini Musa, Adv.
Mr. Dattaprasad Lawa, Adv.
Mr. Pradosh Dangui, Adv.
Ms. Moulishree Pathak, Adv.
Mr. Ujjawal Agrawal, Adv.
Ms. Aishwarya Bhati, ASG Ms. Ruchi Kohli, Sr. Adv.
Mr. Vatsal Joshi, Adv.
Ms. Ruchi Gour Narula, Adv.
Mr. Ishaan Sharma, Adv.
Mr. Vedansh Anand, Adv.
Mr. Navanjay Mahapatra, Adv.
Ms. Noor Rampal, Adv.
Mr. Santosh Ramdurg, Adv.
Mr. Shreekant Neelappa Terdal, AOR Mr. Amrish Kumar, AOR Mr. Akshai Malik, Adv.
Mr. Khawar Saleem, Adv.
Mr. Nikhil Jain, AOR Ms. Divya Jain, Adv.
Ms. Anshula Vijay Kumar Grover, AOR SPECIAL LEAVE PETITION (C) No. 12272 of 2021 Page 7 of 9 Mr. A N S Nadkarni, Sr. Adv.
Mr. Pradosh Dangui, Adv.
Mr. Anshuman Srivastava, AOR Mr. Abhay Anil Anturkar, Adv.
Mr. Dhruv Tank, Adv.
Ms. Surbhi Kapoor, AOR Mr. Sarthak Mehrotra, Adv.
Mr. Bhagwant Deshpande, Adv.
Ms. Subhi Pastor, Adv.
Ms. Srishti Agnihotri, AOR Mr. Ninad Laud, Adv.
Mr. Ivo D’Costa, Adv.
Mr. Guruprasad Naik, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. By way of signed order, Mr. Edgar Fernandes, retired District and Additional Sessions Judge, Goa, has been appointed to undertake and oversee the exercise of inspection. The relevant portion of the order is reproduced as under :-
“5. Accordingly, we appoint Mr. Edgar Fernandes, retired District and Additional Sessions Judge, Goa to undertake and oversee the exercise of inspection of Survey No.4/1 of Village Ella, Old Goa and especially Plot No. B admeasuring 2400 sq. mts. owned by Mrs. Suvarna Lotlikar in the context of the permission for repairs granted by the Director (Monuments-II) on 03.02.2020. For this purpose, Mr. Edgar Fernandes can seek the assistance of the Superintending Archaeologist, Archaeological Survey of India, Goa Circle and a senior officer from the Town and Country Planning Department, Goa. The representatives (one each) of the petitioner(s) and the private respondents would be entitled to remain present during the course of such inspection of which due intimation shall be given to them. The report alongwith photographs shall indicate the nature of structure standing on Plot B. This exercise be conducted within a period of four weeks of communication of this order to Mr. Edgar Fernandes, retired District and Additional Sessions Judge and the report be forwarded to this Court accordingly. The Registry to communicate this order to Mr. Edgar SPECIAL LEAVE PETITION (C) No. 12272 of 2021 Page 8 of 9 Fernandes, retired District and Additional Sessions Judge, Goa.
6. List after four weeks. The Archaeological Survey of India shall keep the relevant files containing the application for permission for repairs alongwith documents annexed thereto leading to the grant of permission for undertaking repairs dated 03.02.2020 for perusal on the next date of the proceedings.” (JAYANT KUMAR ARORA) (NIDHI WASON) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file) SPECIAL LEAVE PETITION (C) No. 12272 of 2021 Page 9 of 9