Night Market Goa

PANJIM: The High Court of Bombay at Goa has asked the Chief Secretary to hear the organizers of Saturday Evening Fair/Market (popularly known as Ingo Saturday Nite Market) and decide the matter before December 14, 2007.



The Division bench, while hearing a petition filed by Clive Braganza, challenging the revocation of the NOC/permission to run the market by the Arpora – Nagao village panchayat, asked the petitioner not to operate the market till the matter is decided.



Braganza had approached the Court stating that he along with his mother Preciosa Braganza are co-owners of property surveyed under NO.55/0 at Xim Waddo, Arpora, Bardez and were running the market since the year 2001, after taking necessary permissions from the Panchayat.



This year also they as usual applied for permission vide application dated August 7, 2007 and the permission was granted for the same by the village panchayat. A rmed with permission dated August 23, 2007, they commenced the activity of holding "Saturday Evening Fair/Market" from the month of October 2007. However, on November 12, 2007, the Arpora – Nagao village panchayat revoked the NOC/permission dated as per the circular of the Director of Panchayats without any show cause notice.



The Director of Panchayat circular states: "it has been decided that the village p anchayats henceforth shall submit all such proposals to Government through the Directorate of Panchayats for issue of permission."



However, the counsel for the Petitioner Mahesh Sonak stated that it is clear that the impugned circular is prospective in nature and shall apply in the matter of issuance of permissions after 20/9/2007 or for that matter 8/10/2007, and not to the permissions already granted before the said date and Panchayat has clearly misconstrued the circular.



Further, the petitioner upon receipt of the Impugned Revocation Order had addressed a representation to the Director of Panchayats on November 16, 2007, pointing out that "Saturday Evening Fair/Market" provides for highly rated cultural entertainments and is a tourist attraction to tourists from all over the world visiting Goa each year and should be allowed to operate. But there was no response.



Advocate SR Rivonkar appeared on behalf of the state government.