Court verdict on rave party today
BY HERAI.D KM’OKTKR
PANJIM, DP.C : The fate of the rave party schcduled at Anjuna beach by Paradiso de Anjuna still hangs in balance as the High Court has posted the judgement for Friday.
The Bench comprising of Justice R K Bhatta and Justice R M S Khandeparkar continued hearing in the public interest litigation filed by Peter D’Souza against the party. However, arguments could not be completed today and are posted for tomorrow morning.
Advócate A Agni appeared for Norrrm Azavedo, Mahesh Jethmalani represented Jeh Wadia and Advócate General A N S Nadkarni appeared on behalf of the government.
Advocate Jethmalani argued that it was not a rave party but a live party as usual and no drugs will be served.
The respondents admitted that alcohol will be served in the party. However, when Justice Kandeparkar asked for a copy of the liquor licence it was found that a licence was obtained in the ñame of U D Kamat with no house number and with Anjuna beach as the address.
Justice Khandeparkar questioned the respondents how they can use a licence issued to a third party when liquor licenses are not transferable.
The Bench raised doubts about the validity of the licence as no expiry date was mentioned on it.
The counsel for the respondent informed that the contract for leasing the hotel with the government was signed in 1993 and the same was renewed in 1996 which expired on September30, 1999.
The Bench also asked the respondents to produce documents to prove that they are in the legal possession of the restaurant, which they could not furnish.
The respondents also said that they had applied on December 1 for renewal of the contract, while Advócate General Nadkarni clarifíed that the renewal of licence is under consideration of the government. However, he expressed his ignorance about the precise status of the application as of now.
However, the petilioner pointed out that the set procedures like inviting lenders for renewal of contract were not followed.
Advócate Agni, to one question, stated that the total leased área is only 300 mts which occupies the restaurant.
Then asked how the big área taken up for the party, Advocate Agni replied that they have asked permission of the government to erect a temporary structure to hold the party which will be removed voluntarily after the party is over.
Though they claimed that they had applied for the permission to the government on December 1, they failed to produce a copy before the court.The advocate general pointed out that the government has not received any such application and added that an ap-plication for renewal of contract was received and the decisión on the same is awaited.
The panchayat stated that it has conducted a panchanama of the site on December 14 under police protection and a notice was served on them.
The panchayat also added that since no reply was received from the organisers, they will go ahead with the demolition.
The issue of illegal construction came up in the gram sabha meeting which was held on December 12 and the gram sabha decided to conduct the panchanama, replied the panchayat when asked how the decisión on conducting a panchanama came about.
The panchayat remained mum when asked why no action was not taken when the activity began.