Case Note & Summary
The petitioners, who were existing allottees of beach shacks under the Tourism Shack Policy of the Government of Goa, challenged the orders dated 27.02.2017 passed by the Director of Tourism, Panaji, Goa, allotting shack sites for the period 2016-19. The petitioners contended that the impugned orders were passed without any notice or hearing to them, thereby violating principles of natural justice. They also argued that the allotment process lacked transparency and was not in accordance with the policy. The respondents, including the State of Goa and the private respondent, opposed the petitions. The High Court, after hearing the parties, found that the impugned orders were indeed passed without affording any opportunity of hearing to the petitioners, who had a legitimate expectation of being considered for allotment. The court held that the orders were in gross violation of natural justice and quashed them. The court directed the Director of Tourism to redo the allotment process afresh, after giving due notice and hearing to all concerned parties, and in accordance with the Tourism Shack Policy. The court also emphasized the need for transparency in the allotment process.
Headnote
A) Administrative Law - Natural Justice - Right to be Heard - Tourism Shack Policy - The Director of Tourism passed allotment orders without affording any hearing to the petitioners who were existing allottees and had a legitimate expectation of renewal - Held that the orders are in violation of principles of natural justice and are liable to be quashed (Paras 2-4). B) Tourism Law - Shack Allotment - Transparency - Tourism Shack Policy 2016-19 - The allotment process lacked transparency and was not in accordance with the policy guidelines - Held that the authorities must follow a fair and transparent procedure (Paras 2-4).
Issue of Consideration
Whether the impugned orders dated 27.02.2017 passed by the Director of Tourism, Goa, allotting beach shack sites for the period 2016-19, are vitiated for non-compliance with principles of natural justice and lack of transparency.
Final Decision
The impugned orders dated 27.02.2017 are quashed. The Director of Tourism is directed to redo the allotment process afresh after giving due notice and hearing to all concerned parties, in accordance with the Tourism Shack Policy and principles of natural justice.
Law Points
- Natural justice
- Right to be heard
- Transparency in allotment
- Tourism Shack Policy
- Writ jurisdiction
