SUNDAY, MAY 05, 2024
Team Herald
PANJIM: The High Court of Bombay at Goa has granted an ex-parte restraint order against the alleged illegal construction in the open space at Socorro, Porvorim.
In its order, a division bench comprising Justice M S Sonak and Justice Valmiki Menezes said," Considering the material indicating at least prima facie that construction is going on in a designated open space and within the set-back area, we restrain the fourth and fifth respondents from carrying out any further development or construction in the land bearing survey No 376/2-C of Socorro Village, Bardez, Taluka until further orders."
The court said the Socorro Village Panchayat, Chief Town Planner and Senior Town Planner and respondent must, if necessary, with the assistance of the local police ensure that no further construction takes place on the site in question until further orders. The court said a service report indicates that a notice was attempted to be served on the Ona Housing Private Limited but their staff refused to accept the notice.
''Accordingly, there is no option than to grant an ex-parte restraint order given the material placed on record by the petitioners and the Advocate General,'' the order said.
Earlier, The Town and Country Planning (TCP) Department had issued a show cause notice to the Ona Housing Private Limited regarding proposed illegal construction in open space in property bearing survey No 376/2 of Socorro village in Bardez taluka.
Last month, the High Court of Bombay at Goa had issued notices to the Socorro Village Panchayat, Chief Town Planner and the Delhi-based Ona Housing Pvt Ltd, for allegedly constructing in open public spaces without leaving the minimum setback for the National Highway.
Earlier, the TCP Department had issued a technical clearance order from planning point of view for construction of commercial buildings with the approval of government vide note dated December 17, 2020.
But on August 18, 2023, the TCP department received a complaint from Goa Green Brigade convenor Avertino Miranda, who demanded cancellation of technical clearance order for construction of commercial building and the basement and construction coming up in the open space in property in survey No. 376/2-C of Socorro village.
But since the Ona Housing Pvt Ltd had not clarified the matter till date, the TCP Department issued the show cause notice to the project proponent, as to why the technical clearance order issued should not be withdrawn/revoked as per the provisions.
made in the Goa Land Development Building Construction and Regulation, 2020, within 15 days. The petitioner challenged before the High Court that the Conversion Sanad was illegal since the open space could not have been converted and no change of user could have been permitted for the said open space.
