On Tuesday, 1 September, the Supreme Court issued notice on Delta Corp Ltd.'s challenge to a Bombay High Court judgment which held that the 1992 amendment to the Goa Public Gambling Act was never brought into force in Daman and Diu. Therefore, Delta Corp had no enforceable right to seek a gaming licence for operating slot machines.

A Division Bench comprising Justices P.S. Narasimha and Alok Aradhe stated that the matter would be heard on merits.

The Bombay High Court had held that since no notification had been issued bringing the Goa Public Gambling (Amendment) Act, 1992 into force in Daman and Diu, the amendment never became operational there. Consequently, no enforceable right to seek a licence for operating slot machines could arise in favour of Delta Corp.

Background

The dispute arose from a 1998 notification extending the amendment to Daman and Diu. In 2007, the Administrator issued a No-Objection Certificate (NOC) to Delta Corp, following which the company proceeded with its project and invested over Rs. 450 crore in constructing a five-star hotel in Daman.

Delta Corp claimed that the project was commercially viable only if gaming operations were permitted. However, the company applied for a gaming licence only in 2014, which the authorities did not grant. It then approached the Bombay High Court, relying on the 1998 notification and the 2007 NOC to claim an entitlement to the licence.

The High Court rejected the plea, holding that the mere extension of the amendment to Daman and Diu was insufficient in the absence of a notification bringing the amendment into force there. It consequently held that the amendment never became operational in Daman and Diu and that no legal right to a gaming licence could accrue to Delta Corp.

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Case Title :  DELTA CORP LIMITED AND ANR. vs U.T. ADMINISTRATION OF DAMAN AND DIUCase Number :  SLP(C) 27962/2026