HC rejects pleas of Goa casinos for fee waiver for Covid lockdown period

The Bombay High Court at Goa has rejected pleas of casino companies against a government order for paying their fees for the Covid lockdown period when they were not operational, saying they are not entitled to concessions that may have been extended to some small shopkeepers.

The companies were also earlier asked to pay 12% penal interest on the delayed payment before it was later withdrawn. The casinos owe the Goa government ₹321 crore including arrears, the government told the court.

A bench of Justices M S Sonak and Valmiki Sa Menezes on Thursday said seeking concessions is neither reasonable nor a legitimate expectation. “The doctrine of equality in [Constitution]’s Article 14 does not require the State to treat all alike. Only the like must be treated alike”

The bench said the government’s position in a welfare state is comparable to that of parents. “In distressed situations, the parents must take several measures to make ends meet. For example, parents may have to make additional provisions to provide milk to the youngest or the most vulnerable, whose survival may be at stake. The elder or the robust siblings made to pull on without milk for some days cannot complain of hostile discrimination.”

The court said if the state were not to insist upon recovery of the fee, the burden would pass on to the honest taxpayers. “....[The taxpayers] would have to pay more for those in need, who would receive proportionately less welfare and development.”