Panaji, May 8, 2026:The Bombay High Court at Goa has raised serious concerns regarding construction permissions granted within the prohibited and regulated areas surrounding centrally protected heritage monuments at Old Goa, observing that several permissions were issued despite the absence of mandatory Heritage Bye-laws under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

The observations came while hearing Public Interest Litigation (PIL) WP No. 6 of 2026 filed by Glean Cabral and another petitioner before a Division Bench comprising Justice Valmiki Menezes and Justice Amit S. Jamsandekar.

The Court noted that the core issue in the PIL concerns permissions granted by the Chief Town Planner (Planning), Government of Goa, for constructions within the regulated zones around the Old Goa church complex, which includes 14 centrally protected monuments.

According to the petitioners, permissions could only be granted in exceptional cases with approval from the National Monuments Authority until Heritage Bye-laws were framed and published. However, the Court recorded that although such bye-laws were expected to be prepared by 2016 and the deadline was extended till 2021, no further extension was notified and the bye-laws are still not drafted.

The Court expressed concern that several constructions were either underway or likely to commence in the absence of these heritage regulations. Among the projects mentioned were the new Old Goa Police Station, the proposed Heritage Interpretation Centre, and additional floors and roof structures in properties located within the regulated area.

Regarding the construction of the new Police Station, the Court allowed the work to continue for now, considering it a project of public importance. However, the Bench clarified that the petitioners could revive their plea for interim relief once the construction reaches the first-floor stage, particularly concerning alleged violations of draft height restrictions.

In a significant development, the Court recorded a statement made on behalf of Respondent No. 15 that the proposed Heritage Interpretation Centre project has been shelved for the moment. Accepting the statement, the Court said no interim relief was required at this stage concerning that project.

The High Court also directed Respondent Nos. 16 and 17 to immediately stop all construction work related to the second floor, third floor, and roof structure at Survey No. 9/2-A of Ella village, following a Stop Work Notice already issued by the Village Panchayat of Se Old Goa on January 22, 2026. The Court ordered that no further construction in respect of the disputed upper floors or roof structure should continue until further orders.

Further, the Bench directed that no construction should proceed on land under Survey No. 16/1-B of Bainguinim village without obtaining permissions from the competent authority.

Importantly, the Court directed Respondent No. 9 to place on record a complete list of all permissions granted within the regulated heritage areas since Sections 20D and 20E of the Act came into force. The Court also ordered that in all future permissions where construction has not yet commenced, applicants must first approach the High Court before starting any work.

The Bench further requested Respondent No. 10 to complete the drafting of the long-pending Heritage Bye-laws, preferably by June 15, 2026.

The matter has now been posted for further hearing on June 22, 2026.