Team Goemkarponn
PANAJI: In order to support the argument that due process was followed when granting development permissions to residential villas, which otherwise seem to be in respect of no development slope having a gradient of more than 25%, the High Court of Bombay at Goa has requested that the Town and Country Planning (TCP) Department submit a thorough affidavit within the next two weeks.
In November of last year, while considering a public interest litigation (PIL) writ case submitted by Alvito D’Silva of Pomburpa and Ganpat Sidhaye of Britona, the High Court halted the technical permission that the TCP had given to the planned construction of the residential villa.
Speaking on behalf of Mayfair Resorts India Limited, Adv. Shivan Desai informed the court that the petitioners had secured an interim stay based on false information, stating that although access was denied, it was actually granted. He added that the construction of 12 villas should be permitted since the TCP had approved the scheme, contingent on the outcome of the PIL writ petition.
According to Adv. Rohit Bras De Sa, who argued on behalf of the petitioners, technical clearance had been given to projects that included a swimming pool and 12 residential villas on sloppy terrain with a gradient of more than 25% and no development slope as specified in the Regional Plan 2021.
Prima facie evidence suggests that the building is situated on a no-development slope. When providing technical clearance, we want to be sure that the construction that is being sought is done so after following the proper method.
According to the Regional Plan, 2021, the problem concerns hill cutting and construction on no development slope. The Court declared this and granted an extension of the temporary stay until the next hearing date on February 24.
