Mangal Shankar Desai v. State Of Goa Thr Chief Secretary And ANR
2025:BHC-GOA:2544 Sonam
IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO.366 OF 2025 IN WRIT PETITION NO.3020 OF 2025 (F) MANGAL SHANKAR DESAI ... APPLICANT
Versus
STATE OF GOA THR CHIEF SECRETARY AND ANR ... RESPONDENTS Mr. S. D. Lotlikar, Senior Advocate with Ms. Sailee Kenny, Advocate for the Applicant.
Mr. Shubham Priolkar, Additional Government Advocate for Respondents.
CORAM:- VALMIKI MENEZES, J.
DATED :- 22nd December, 2025 P.C.:
Registry to waive office objections and register the matter.
2. The order dated 02.12.2025 passed by this Court had directed the Director of Tourism to accept the payments of the shack licence fees for the current year without prejudice to the contentions raised in the petition. The present Misc. Civil Application alleges that the Director of Tourism has now refused to issue a provisional licence for running a shack, which is subject to orders in the petition.
3. Mr. Shubham Priolkar, learned Additional Government Advocate for the Respondents, submits that the shack allotment, which was
recently granted in the year 2023, continues in operation in view of the interim order passed by this Court on 02.12.2025. He further submits that in addition to the shack licence which operates under the above circumstance, the Petitioner would be required to secure permission to erect temporary and seasonal structure from the Director of Tourism in terms of Section 1(a) of the Goa Erection of Shacks on Public Beaches (Regulation and Control) Act, 2024, after which he would have to obtain all other NOCs and licenses under Section 4 thereon, before operating a shack.
4. Mr. Lotlikar, learned Senior Advocate appearing for the Applicant, submits that the application was in fact made to the Director of Tourism vide communication dated 03.11.2025, which has not been replied to, nor any permission is granted by the Director of Tourism for erecting a temporary structure.
5. Without going into any further controversy between the parties, the Director of Transport shall treat the communication dated 03.11.2025 as an application under Clause (a) of Sub Section 1 of Section 4 of the said Act, as the application for permission to erect a temporary seasonal structure. This application shall be processed preferably within 3 days from today, as the shack licence was granted mainly for the tourist season.
6. The Applicant shall thereafter obtain all the NOCs and licenses
required under Clause (b) to (f) of Sub Section 1 of Section 4 of the said Act and submit the same to the Director of Tourism to enable him to renew all the licenses in terms of the Act. The Director of Tourism shall issue the necessary licenses within 3 days under Clause (b) to (f) as submitted by him.
7. The application stands disposed of in the above terms. VALMIKI MENEZES, J.