PANJIM: Taking note of the absence of heritage by-laws, the High Court of Bombay at Goa has directed the Town and Country Planning (TCP) Department to submit a list of all permissions granted by it with survey numbers and details at Old Goa since coming into force of Section 20D and E of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
In addition the division bench has directed that in all cases where permissions have been granted and the constructions are not yet commenced, the TCP Department should include in the permissions, a clause which directs the parties seeking such permissions to file an application before this Court in this public interest litigation (PIL) writ petition prior to commencement of any construction.
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The Court had directed one of the respondents M/s Sumit Woods Limited not to proceed with any construction without having obtained permissions from the TCP Department.
It has also directed two other respondents Domnic Thomas Remedios and Joaquim Francisco Brass Remedios to stop forthwith construction work of the second floor and any roof constructed over the second floor and the third floor until further orders of the Court.
The Court has asked the Archaeological Survey of India (ASI) to complete the work of drafting the by-laws contemplated under Section 20E of the Act, preferably by June 15 and to report its status during the next hearing fixed on June 22.
The Goa Tourism Development Corporation (GTDC) also informed the Court that for the moment it has shelved the proposed Heritage Interpretation Centre at Old Goa.
As far as construction of new Old Goa Police Station is concerned, the Court after perusing the plans and considering that it is a project of public importance did not pass any interim orders at this stage and permitted the construction to go ahead.
However, the petitioners Glean Cabral and Tahir Noronha may revive the prayers for interim relief when the construction reaches the first floor stage, considering that the grievance raised is that the height of the roof of the Police Station is in transgression of the draft by-laws setting down height restrictions.
The petitioners have prayed to stop granting of permissions by the Chief Town Planner (Planning) to construction within the prohibited and regulated areas around Centrally Protected Monuments in the State.
