MONDAY, JUNE 17, 2024
Team Herald
PANJIM: The District Court, Panjim, has declared the projected road touching the facade of the Church of St Estevam, shown in the Regional Plan 2001 and 2021 as illegal, null and void and restrained the Government of Goa and the Town and Country Planning (TCP) Department to restrain from demarcating the road.
In her order, Ad-hoc District Judge Saee A Prabhudessai said the projected road shown by the Goa government and Town and Country Planning (TCP) Department in the property of the plaintiff on Regional Plan of 2001 and 2021 is illegal and void.
The court observed that the 10 metres wide projected road passing through the property of Church of St Estevam in the Regional Plan 2001 and 2021 is illegal and held that the District Court has the jurisdiction to declare any errors made in Regional Plan affecting the rights of the public as illegal.
The Fabrica da Igreja De Santo Estevao @ Parish Church of St Stephen's of Jua had filed the civil suit challenging the demarcation of road from the northern staircase to the southern road, which destroyed church facade in Regional Plan 2001 and 2021.
Fabrica and people of Jua made several representations to the government and Town and Country Planning (TCP) Department and though the government agreed to correct the same at the time of rectification, the same was not done.
The Government of Goa and the Town and Country Planning (TCP) Department had contended that Stephen’s Church, St Estevam was listed as building of historic and aesthetic importance in the State as per Goa Land Development and Building Construction Regulation 2010.
Before the court, Fr Sebastiao Eurico Lourenco Pereira deposed on behalf of Fabrica Church and Chief Town Planner deposed as witness on behalf of the State government.
Advocate Gajendranath R Usgaonkar argued on behalf of the Fabrica and while Advocate Priyanka Kamat represented the respondents.
He claimed that the State government had no powers to plan and develop private properties or to classify any land for specific purpose while preparing the Regional Plan.
He further told the court that the Regional Plan was prepared without verification and it violated the proprietary rights of the church.
Reacting to the court order, Fr Sebastiao Eurico Lourenco Pereira said. "We are happy that we have got justice. I thank my assistant Parish Priest Fr Domnic Sequeira, late Fr Bismarque Dias, St Estevam Village Panchayat and villagers for supporting us."
"We were not against TCP Department we came to know about the projected road shown through the Church property when we approached the TCP for permission to repair the parish house annexed to the church," he said.
"The TCP department wanted to give permission subject to the condition that the proposed 10 metres wide road passing through the church property should be maintained as per the regional plan. We objected to it legally," he added.
