HC directs TCP to file affidavit regarding constructions in eco-sensitive areas at Ucassaim

Team Herald

PANJIM: The High Court of Bombay at Goa has asked the Town and Country Planning (TCP) Department to file a detailed affidavit within next two weeks substantiating the contention that due procedure was followed while granting development permissions to residential villas, which otherwise appears to be in respect of no development slope having a gradient of more than 25 per cent, at Paliem, Ucassaim.

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The High Court in November last year, had stayed the technical clearance granted by the TCP to the proposed construction of the residential villa while hearing a public interest litigation (PIL) writ petition filed by Alvito D’Silva of Pomburpa and Ganpat Sidhaye of Britona.

Appearing for the Mayfair Resorts India Limited, Adv Shivan Desai told the Court that the petitioners obtained ad interim stay on the basis of incorrect facts and said that though the submission was made about there being no access, in fact there was access. He further submitted that since the TCP had granted permission to the project, the construction of 12 villas be allowed, subject to the outcome of the PIL writ petition.

Arguing on behalf of the petitioners, Adv Rohit Bras De Sa said that the technical clearance had been granted to the projects comprising 12 residential villas and a swimming pool on a no development slope as indicated in the Regional Plan 2021 and the sloppy land having a gradient of more than 25 per cent.

“There are prima facie materials to indicate that the construction is on a no development slope. We want to satisfy ourselves whether the construction which is sought to be undertaken is after following the procedure while granting the technical clearance. The issue pertains to hill cutting and construction on no development slope as per the Regional Plan, 2021,” the Court stated and allowed the interim stay to continue till the next date of hearing on February 24.

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