Bombay High Court dismisses PIL to house arbitration centre in Goa's old High Court building

The Bombay High Court today dismissed a public interest litigation (PIL) seeking directions to designate the historic Lyceum complex at Altinho, Panjim, which served as the former seat of the High Court at Goa, as a centre for arbitration and mediation [Vishwesh Atchuta Kamat & Anr v. High Court of Bombay & Ors.]..The High Court was shifted to the new complex at Porvorim in March 2021. .The PIL contended that the old building holds historical significance as it also served as the court of the Judicial Commissioner during the Portuguese regime..A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad observed that the petitioners led by Vishwesh Kamat, a practising lawyer, failed to disclose any statutory right or legal foundation entitling them to seek the prayer.“There is no right, much less a statutory right, flowing from any statutes to enable the petitioners to seek designation of the Lyceum building complex as the centre for arbitration and mediation,” the Court said in its order..The Bench also orally remarked that the petitioners seemed to have a personal interest rather than a public interest.However, the bench also recorded a categorical statement made by Advocate General Devidas Pangam on behalf of the Goa government that the State will preserve the premises of the old building and not use it for any commercial activity.“The architectural design of the Lyceum complex shall be preserved and it shall not be used for any commercial activity,” the AG made a statement to the Court..Advocate Joao Abreu Lobo for the petitioners argued that the old building was used by the Goa State Bar Council to train mediators. He also argued that access to justice would be impeded if the premises were used for administrative work instead of judicial work.Pangam informed the court, that certain departments of the government were housed in ‘Junta House’ building in Panjim, which was in a dilapidated condition and required to be urgently vacated.He also informed the bench that the State government had requested the High Court administration at Goa to handover the Lyceum complex for shifting around 20 departments..The division bench noted that the old High Court complex, spread over about 6,500 square metres, could not be kept idle solely for arbitration and mediation activities.It clarified that the handing over buildings is an administrative matter. “While access to justice remains a constitutional goal, such an objective cannot be achieved merely by directing the state to designate a particular complex,” the Court reiterated..Pangam assured the Court that the State will provide all necessary facilities and finances for establishing a mediation centre elsewhere in Goa. With these assurances, the bench dismissed the PIL..The development came months after the High Court strongly criticised the Goa government for locking the Lyceum buildings without authorization from the High Court.[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.