A political dispute has arisen as a result of Goa Chief Minister Pramod Sawant’s recent acceptance of a 60-year sublease for hotel plots at the Manohar International Airport in Mopa, Pernem district.
A number of leaders said that the decision goes against the initial 40-year Concession Agreement signed with GMR Goa International Airports Limited (GGIAL) for the building of the airport, as well as the customary 40-year lease tenure for government land.
As is common for government land leases, the Concession Agreement with GGIAL, which was signed in 2016, set a 40-year period.
But after that, the GGIAL went after a 60-year sublease for hotel plots in the airport’s “city side” section, promising to draw major hotel chains and guarantee profitability.
The Advocate General acknowledged the possible advantages, but also voiced reservations over the prolonged lease and suggested that the cabinet approve it because the government still owns the site.
Interestingly, the Advocate General hinted to the need for more legal examination in her comments, failing to expressly support the 60-year timeframe.
Goa Chief Minister Pramod Sawant, as chairman of the Investment Promotion and Facilitation Board (IPFB), forwarded the proposal directly to the Cabinet for approval, circumventing the customary legal vetting procedure. Given the Chief Minister’s dual status as the decision’s proponent and approver, his quick action prompted concerns about possible conflicts of interest.
Chief Minister Amit Palekar of the Goa AAP questioned the Chief Minister, asking him to extend the lease to 60 years against the opinion of the Advocate General.
He said that the Chief Minister’s “ties to the real estate industry” present a potential conflict of interest.
He went on to say that Goan farmers who forfeited their property for the airport project get nothing from the agreement, which favours GMR.
The only information provided is that those who have expressed interest in subleasing have said that they would have preferred a longer term, but no viability or feasibility evaluations have been filed. The Attorney General has stated unequivocally that the Chief Minister must contact the cabinet and that this is not acceptable. That implies that he shrugs off the need to bear the burden,” Palekar remarked.
He said that the Chief Minister’s choice to authorise a 60-year lease for the hotel plots close to the Mopa airport goes against the accepted legal standard and is consistent with the objections voiced in other instances of a similar kind. This calls into question the use of established legal precedents and due process. To guarantee openness and justice, the judgement must be carefully examined while taking the Advocate General’s concerns and case law from the Supreme Court into consideration.
“The Supreme Court has ruled in many decisions that it is not permissible to carry out such actions. However, the Chief Minister oversteps his bounds and requests cabinet approval to increase the sublease’s tenure to 60 years in his capacity as chairman and caretaker. This is certain to sow discord and corruption. We will find out its status and whose real estate lobby stands to gain from it by personally getting the necessary documentation,” he continued.
