HC refuses to vacate PILs against Grand Hyatt resort

The Bombay High Court at Goa has dismissed two applications seeking dismissal of the public interest writ petitions filed by Goa Foundation and PMCA challenging the construction of the Grand Hyatt resort and Aldeia de Goa, within a no development zone in Bambolim.

The writ was filed by Goan Real Estate and Construction Ltd and Goan Hotels and Clubs Pvt Ltd.
The applications relied on a Supreme Court judgement passed in March 2010 on a petition filed by the Goan Real Estate company.

In a detailed 90-page judgement, the Division Bench ruled that “the controversy very much survives for determination and consideration” especially when the Supreme Court in its judgement has not held that the writ petition itself would be rendered infructuous.

The high court has also noted that the Supreme Court in an earlier order had clarified that “the main writ petition should be disposed of (by the High Court) on merits and without being inhibited by the order granting interim relief.