The truth behind 6th casino exposed

An examination of the various orders passed by the Bombay High Court at Goa, indicate that except for the recent order, where the government has taken a stand that this was not the right season to bring the casino in the River Mandovi, the government has taken a conciliatory stand.

the goan I network | JULY 23, 2017, 05:45 AM IST

PANAJI

Rather than the court directing, it was the State government through the then additional advocate general and current advocate general Dattaprasad Lawande who submitted to the court that the state government would "favourably consider" Golden Globe Hotels Pvt Ltd\'s application for renewal of the Lucky 7\'s licence.
The State government\'s stand is recorded in the judgement passed by the Bombay High Court at Goa on August 1, 2016, on a petition filed by Golden Globe Hotels.
"Lawande, the learned Additional Advocate General, upon instructions, states that in case the petitioners deposit the amount so demanded, the State Government shall favourably consider the application for further renewal of the casino licence from the year 2016 as well as the substitution of the vessel on the basis of prevailing law as well as on non-discriminating manner and without discrimination with similarly placed other licence holders," the High Court recorded in its judgement.
Golden Globe Hotels had initially filed a petition before the Bombay High Court at Goa seeking the court\'s direction to quash and set aside the demand in respect of the annual recurring fees towards the Casino licence granted to the petitioners.
However, during the course of the petition Golden Globe Hotels changed its stand and instead submitted an application before the Goa Government on April 4, 2016 seeking renewal of casino licence for the years 2011 to 2016.
Adv Lawande, further went on to tell the court, as recorded in the judgement, that the State Government had already "considered the said representation favourably in favour of the petitioners, subject to the payment of the Annual Recurring Fees for all the five years from the year 2011 to 2016 with interest thereon."
Golden Globe Hotels then promptly told the court that they accept the said condition imposed by the State Government for the renewal of the subject Casino licence.
The High Court then disposed the petition "on such terms" without specifically directing that the licence be renewed.
All subsequent orders of the Bombay High Court at Goa are based entirely on the State government\'s submission on record before the High Court.
It was only later, after Golden Globes paid their dues, which according to them amounted to ₹50-crore and the government didn\'t process their licence, did they approach the court afresh.
Golden Globe Hotels filed a fresh petition seeking that the court direct the state government to process its application. When the matter came up for hearing, the Advocate General Dattaprasad Lawande, told the court that the government would decide the matter within four weeks, based on which the petitioners withdrew their petition. Here too the High Court has issued no directions to the State government to renew the licence.
Golden Globe Hotels approached the High Court for a third time after the State government was still to renew the licence. This time the state government filed an affidavit before the court, saying that that Golden Globe Hotels "is otherwise eligible for a licence but that for want of withdrawal of the Model Code of Conduct, they are not renewing the same.
Golden Globe Hotels then pointed to the court as per a previous order of the Bombay High Court back in 2006, directions of the Bombay High Court have to be complied with notwithstanding the Model Code of Conduct. It is only then that the High Court directed the State government to renew the licence within 48-hours. Here there is an explicit direction of the High Court, but only because the government claimed that its hands were tied on account of the model code of conduct.
Share this