Case Note & Summary
The petitioners, owners of parasailing boats, challenged communications dated 19.01.2024 issued by the Captain of Ports (COP) directing them to shift their zone of operation from Majorda beach to Utorda and Betalbatim beaches. The petitioners had earlier purchased boats and obtained change of zone to Majorda beach. In 2020, the COP unilaterally changed their zone, which was challenged in Writ Petition No.488/2022. That petition was withdrawn after the COP agreed to consider their application for relocation. The COP subsequently allowed relocation to Majorda beach in April 2023. However, disputes arose between the petitioners and respondents No.4 and 5, leading to police complaints. Without proper hearing, the COP issued the impugned communications changing the zone again. The petitioners argued that the communications violated natural justice, were arbitrary, and contrary to the Water Sports Policy 2020 which mandates a queue system. The respondents raised the plea of constructive res judicata. The court held that the impugned communications were issued without valid reasons and without affording hearing, thus violating Article 14. The court also directed implementation of the Water Sports Policy 2020 and queue system at Majorda beach. The petition was allowed, quashing the communications and directing the COP to restore the zone to Majorda beach.
Headnote
A) Constitutional Law - Right to Hearing - Natural Justice - Change of Zone - The impugned communications directing change of zone of operation of parasailing boats were issued without affording the petitioners a proper hearing and without disclosing any valid reason, violating principles of natural justice and Article 14 of the Constitution of India. (Paras 4, 7)
B) Administrative Law - Policy Implementation - Water Sports Policy 2020 - Queue System - The court directed the respondents to implement the Water Sports Policy 2020 and the queue system at Majorda beach to ensure uniformity and avoid monopoly, as the policy aims to regulate water sports activities in a systematic manner. (Paras 6, 8)
C) Civil Procedure - Res Judicata - Constructive Res Judicata - Withdrawal of Writ Petition - The plea of constructive res judicata raised by the respondents was rejected as the earlier writ petition was withdrawn without liberty to file a fresh petition, but the present petition challenged a subsequent order (communications dated 19.01.2024) which was a fresh cause of action. (Para 5)
Issue of Consideration
Whether the impugned communications dated 19.01.2024 directing change of zone of operation of the petitioners' parasailing boats from Majorda beach to Utorda and Betalbatim beaches are valid and in accordance with law, and whether the petitioners are entitled to implementation of the Water Sports Policy 2020 and queue system at Majorda beach.
Final Decision
The petition is allowed. The impugned communications dated 19.01.2024 are quashed and set aside. The respondents are directed to restore the zone of operation of the petitioners' parasailing boats to Majorda beach and to implement the Water Sports Policy 2020 and the queue system at Majorda beach.
Law Points
- Natural justice
- Right to hearing
- Water Sports Policy
- Change of zone
- Arbitrariness
- Article 14
- Article 19
- Article 21
- Constructive res judicata
- Withdrawal without liberty to file fresh petition
Case Details
2024 LawText (BOM) (8) 84
WRIT PETITION NO.199 of 2024
M. S. Karnik, Valmiki Menezes
Mr Nigel da Costa Frias with Ms Barbara Andrade and Ms Sonadevi Nishad for Petitioners; Mr Prashil Arolkar for Respondents No.1,2,3,7; Mr Anacleto Viegas with Mr Bruce Fernandes, Ms V. Prabhudessai and Mr Mark Valadares for Respondent Nos.4 and 5; Mr Gaurish Agni with Mr Kishan Kavlekar for Respondent No.6
Smt. Socorina Joanita Pereira and Shri. Augustino Sheltan Da Silva
The State of Goa, The Director of Tourism, The Captain of Ports, Mr. Menino Fernandes, Benedicta Fernandes, The South Goa Watersports Association, Police Inspector
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging communications directing change of zone of operation of parasailing boats and seeking implementation of Water Sports Policy and queue system.
Remedy Sought
Quashing of communications dated 19.01.2024, setting aside condition imposed while renewing certificate changing zone, direction to revert zone to Majorda beach, and direction to implement Water Sports Policy 2020 and queue system at Majorda beach.
Filing Reason
The Captain of Ports issued communications dated 19.01.2024 directing the petitioners to shift their parasailing boats from Majorda beach to Utorda and Betalbatim beaches without proper hearing or valid reasons, allegedly in violation of natural justice and the Water Sports Policy.
Previous Decisions
Earlier, the petitioners had challenged a similar change of zone order dated 13.11.2020 in Writ Petition No.488/2022, which was withdrawn on 14.02.2023 after the COP agreed to consider their application for relocation. The COP subsequently allowed relocation to Majorda beach on 11.04.2023 and issued renewal on 24.04.2023.
Issues
Whether the impugned communications dated 19.01.2024 directing change of zone of operation are valid and in accordance with law?
Whether the petitioners are entitled to implementation of the Water Sports Policy 2020 and queue system at Majorda beach?
Submissions/Arguments
Petitioners: The communications disclose no valid reason, were issued without proper hearing, violate Water Sports Policy 2020, and are arbitrary, violating Articles 14, 19, and 21.
Respondents No.4 and 5: The petition is barred by constructive res judicata as earlier writ petition was withdrawn without liberty to file fresh petition; implementation of queue system would affect their business.
Ratio Decidendi
The impugned communications directing change of zone of operation were issued without affording the petitioners a proper hearing and without disclosing any valid reason, thereby violating principles of natural justice and Article 14 of the Constitution. The Water Sports Policy 2020 mandates uniformity and queue system, and the respondents are bound to implement it.
Judgment Excerpts
The impugned communications are in violation of the Petitioners’ fundamental rights under Article 14, 19 and 21 of the Constitution of India.
The communication discloses no valid reason for directing a change of zone of operation nor was the same issued after affording the Petitioner a proper hearing.
Procedural History
The petitioners filed Writ Petition No.488/2022 challenging an earlier change of zone order dated 13.11.2020. That petition was withdrawn on 14.02.2023 after the COP agreed to consider their application for relocation. The COP allowed relocation to Majorda beach on 11.04.2023 and issued renewal on 24.04.2023. Subsequently, disputes arose, and the COP issued the impugned communications dated 19.01.2024 directing change of zone again. The petitioners then filed the present writ petition.
Acts & Sections
- Constitution of India: Article 14, Article 19, Article 21, Article 226
- Goa Registration of Tourist Trade Act, 2011:
