{"id":9435,"date":"2026-10-16T16:42:38","date_gmt":"2026-10-16T11:12:38","guid":{"rendered":"https:\/\/gaonkaari.com\/withdraw-30-year-lease-proposal-for-baina-beach-mormugao-port-authority-must-establish-its-legal-ownership-justice-ferdino-rebello\/"},"modified":"2026-10-16T16:42:38","modified_gmt":"2026-10-16T11:12:38","slug":"withdraw-30-year-lease-proposal-for-baina-beach-mormugao-port-authority-must-establish-its-legal-ownership-justice-ferdino-rebello","status":"publish","type":"post","link":"https:\/\/gaonkaari.com\/mr\/withdraw-30-year-lease-proposal-for-baina-beach-mormugao-port-authority-must-establish-its-legal-ownership-justice-ferdino-rebello\/","title":{"rendered":"Withdraw 30-Year Lease Proposal for Baina Beach; Mormugao Port Authority Must Establish Its Legal Ownership: Justice Ferdino Rebello"},"content":{"rendered":"

Panaji, October 16, 2026: The Enough is Enough, Goa movement has expressed serious concern over an advertisement issued by the Mormugao Port Authority (MPA) proposing to lease approximately one kilometre of Baina Beach for water sports activities for a period of 30 years.<\/em><\/strong><\/p>\n

Retired Justice Ferdino Rebello, Convenor of Enough is Enough, Goa, has questioned the legal authority of the MPA to grant such a long-term lease over the seashore, which is a public natural resource, without first establishing its ownership and demonstrating that the proposed commercial activity falls within its statutory powers.<\/p>\n<\/p>\n

1. Ownership of the Seashore Must Be Established<\/h3>\n

Under Section 14 of the Goa Land Revenue Code, 1968, lands including the beds of the sea, harbours and creeks below the high-water mark, which are not the property of any person, are declared to be the property of the Government, subject to legally subsisting public and private rights.<\/p>\n

Justice Rebello pointed out that the MPA must therefore establish the legal basis on which it claims ownership or the authority to lease the Baina seashore.<\/p>\n

\u201cThe fundamental question is simple: Who owns Baina Beach, and under what authority does the Mormugao Port Authority propose to lease approximately one kilometre of this public seashore for 30 years?\u201d Justice Rebello asked.<\/p>\n

The movement understands that the Goa Government has not transferred ownership of the concerned Baina seashore to the Port Authority.<\/p>\n

If the MPA claims otherwise, it must produce the relevant title documents, government notifications, vesting orders or other legally valid records establishing its rights over the land proposed to be leased.<\/p>\n

The mere inclusion of a beach within notified port limits does not automatically establish proprietary ownership of that beach.<\/strong><\/p>\n

2. Port Jurisdiction Cannot Be Equated with Ownership<\/h3>\n

Justice Rebello drew attention to Section 2(y) of the Major Port Authorities Act, 2021, which defines port limits and expressly recognises existing private property rights within those limits.<\/p>\n

The jurisdiction of a port authority is exercised for statutory port purposes, including navigation, vessel safety, port traffic, improvement and related activities.<\/p>\n

Such jurisdiction cannot, by itself, be treated as an unrestricted right to alienate public beaches or grant long-term commercial interests over them.<\/p>\n

The MPA must clarify whether it is exercising regulatory jurisdiction, proprietary ownership or a specific statutory power to grant the proposed lease.<\/p>\n

These are legally distinct powers and cannot be treated as interchangeable.<\/p>\n

3. Is Commercial Water Sports Development a Port Infrastructure Activity?<\/h3>\n

Under the Major Port Authorities Act, the concept of port assets concerns property owned by or legally vested in the Port Authority.<\/p>\n

Even where property qualifies as a port asset, the exercise of powers concerning its development and commercial use must be supported by the applicable statutory provisions and legal requirements.<\/p>\n

Justice Rebello has therefore questioned whether leasing approximately one kilometre of Baina Beach for commercial water sports activities can legitimately be justified as an infrastructure activity serving the purposes of the port.<\/p>\n

The MPA must disclose how the proposed activity is connected with the development, operation or functioning of the port and identify the specific statutory provisions authorising such a lease.<\/p>\n

4. MPA Must Make Its Master Plan Public<\/h3>\n

The Enough is Enough, Goa movement has demanded that the MPA publicly disclose the Master Plan prepared under the Major Port Authorities Act, insofar as it relates to the proposed development and infrastructure within the relevant port limits.<\/p>\n

The Port Authority must clarify whether the proposed commercial use of Baina Beach forms part of its approved development plans and whether all applicable statutory and environmental requirements have been satisfied.<\/p>\n

The people of Goa are entitled to know the legal and planning basis on which a public beach is proposed to be leased for three decades.<\/p>\n

5. Public Trust Doctrine Protects the People’s Rights<\/h3>\n

Justice Rebello emphasised that the Supreme Court of India has repeatedly recognised the importance of the Doctrine of Public Trust in protecting natural resources, including rivers, forests, lakes, seashores and other ecological assets.<\/p>\n

Under this doctrine, the State and public authorities hold natural resources in trust for the benefit of the people.<\/p>\n

Even where a governmental authority establishes lawful ownership or control over a natural resource, such authority must be exercised consistently with its public trust obligations.<\/p>\n

\u201cThe Government and its authorities are trustees of public natural resources. They cannot treat the seashore as an ordinary commercial asset and disregard the rights of citizens to access and enjoy it,\u201d<\/strong> Justice Rebello stated.<\/p>\n

The proposed lease must therefore be examined not merely from the perspective of ownership but also in relation to its consequences for public access, traditional use, coastal ecology and the rights of local communities.<\/p>\n

Commercial exploitation that unlawfully excludes the public or substantially interferes with legitimate public rights cannot be justified merely by claiming ownership.<\/p>\n

6. Baina Beach Has a History of Public Access Concerns<\/h3>\n

Justice Rebello recalled that the Bombay High Court had, in the past, ordered the removal of illegal constructions near the Baina seashore that were obstructing public access and were reportedly being used for unlawful and immoral activities.<\/p>\n

Following the removal of those structures, members of the public were once again able to access and enjoy the beach.<\/p>\n

The movement believes that the public rights restored through judicial intervention must not now be undermined by commercial arrangements that could restrict or effectively exclude ordinary citizens from substantial portions of the seashore.<\/p>\n

7. Immediate Intervention by the Goa Government Demanded<\/h3>\n

The Enough is Enough, Goa movement has called upon the Goa Government to intervene immediately and examine the legality of the proposed 30-year lease.<\/p>\n

The State Government must ascertain whether ownership or legally recognised rights over the concerned portion of Baina Beach have ever been transferred to or vested in the MPA.<\/p>\n

It must also examine whether the proposed lease is consistent with the Goa Land Revenue Code, the Major Port Authorities Act, applicable coastal regulations and the Doctrine of Public Trust.<\/p>\n

The movement has demanded that the MPA:<\/p>\n

    \n
  • Immediately withdraw the advertisement<\/strong> proposing to lease approximately one kilometre of Baina Beach for 30 years, or refrain from proceeding until the legal issues are satisfactorily resolved.<\/li>\n
  • Disclose the title documents, government orders or statutory vesting instruments<\/strong> establishing its ownership or lawful authority over the concerned seashore.<\/li>\n
  • Identify the specific provisions of the Major Port Authorities Act<\/strong> under which it proposes to grant the lease for commercial water sports activities.<\/li>\n
  • Make public the relevant Port Master Plan<\/strong> and explain how the proposed activity constitutes permissible port-related development.<\/li>\n
  • Disclose the proposed terms of the lease<\/strong>, including provisions concerning public access, local livelihoods, environmental safeguards and the rights of traditional users of Baina Beach.<\/li>\n
  • Ensure that no commercial arrangement infringes the legally protected rights of citizens<\/strong> to access and enjoy the seashore.<\/li>\n<\/ul>\n

    8. Public Beaches Cannot Be Treated as Commercial Estates<\/h3>\n

    Justice Rebello stressed that the issue goes beyond Baina Beach and raises fundamental questions concerning the protection of Goa’s coastline and the authority of statutory bodies to create long-term commercial rights over public natural resources.<\/p>\n

    \u201cThe fact that an area falls within port limits cannot be used as a substitute for proof of ownership. If the Mormugao Port Authority claims the right to lease Baina Beach, it must demonstrate where that right comes from and how the proposed commercial activity is authorised by law,\u201d he stated.<\/p>\n

    He further emphasised that even lawful ownership cannot extinguish the obligations imposed by the Doctrine of Public Trust.<\/p>\n

    \u201cThe seashore is a natural heritage belonging to the people. No governmental authority should be permitted to convert a public beach into an exclusive commercial domain at the expense of the rights of the people of Goa,\u201d<\/strong> Justice Rebello asserted.<\/p>\n

    The Enough is Enough, Goa movement calls upon the State Government to act without delay, protect public access to Baina Beach and ensure that the Mormugao Port Authority does not proceed with the proposed lease without establishing its legal authority and complying with its public trust obligations.<\/p>\n

    The people of Goa have a right to know who owns the seashore, who has authorised its proposed commercial use and whether their rights are being adequately protected.<\/p>","protected":false},"excerpt":{"rendered":"

    The Enough is Enough, Goa movement has raised serious concerns over the Mormugao Port Authority’s proposal to lease one kilometre of Baina Beach for 30 years. Retired Justice Ferdino Rebello questions MPA’s legal authority and demands proof of ownership and statutory powers for such a long-term commercial lease of a public natural resource.<\/p>","protected":false},"author":1,"featured_media":9434,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[6],"tags":[],"class_list":["post-9435","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-main-story"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t