PANJIM: Expressing its displeasure over the action of the deputy chief town planner, the High Court of Bombay at Goa directed the chief town planner to hear a show cause notice issued to a developer within next two months and to file an affidavit.
The Court also opined that the police authorities are expected to keep a strict vigil in all areas where there is any potential hill cutting going on.
Hearing a writ petition filed by Ravi Harmalkar, the Court observed that the chief town planner had filed an affidavit on March 22, 2024 along with a report prepared by Nadia Fernandes, Deputy Town Planner, TCP Headquarters Office and the Chief Town Planner (Land Use) indicating that deputy town planner Zaidev Aldonkar, acting upon the petitioner’s complaint, had directed the Anjuna police to stop the hill cutting activity at the site. But the respondent on September 14, 2023 submitted its response to the deputy town planner stating that there was no illegal hill cutting and that the excavation was done for laying foundation for shops and villas as per the approvals obtained.
The division bench comprising Justice Mahesh Sonak and Justice Valmiki SA Menezes stated that Aldonkar without bothering to inspect the site and ascertaining whether the assertions of the respondent were correct, wrote to the Anjuna police within a day that the communication dated August 30, 2023 for requesting the stoppage of hill cutting and keeping a strict vigil in the locality stands withdrawn.
“We are a little surprised by the action of this Deputy Town Planner. It was incumbent upon him to have inspected the site and verified the position for himself before rushing to withdraw the communication dated 30.08.2023. This Deputy Town Planner even withdrew the request for keeping a strict vigil in the locality,” the court said adding that the police authorities are expected to keep a strict vigil in all areas where there is any potential hill cutting going on.”
The report filed by the Deputy Town Planner and the Chief Town Planner found that on the extreme western side of the property, one shop was under construction and it was seen that cutting had been carried out for a height of approximately 3.5 to 5 metres i.e. for an average height of 4.25 metres which is found to be in variation of the permission granted for cutting of land, as it exceeds the permitted height.
But as per the order dated March 6, 2024 of the High Court after carrying out the site inspection as cited above, the Deputy Town Planner, Mapusa issued a show cause notice to the developers. From the report of the Deputy Town Planner (Nadia Fernandes) and the Chief Town Planner, at least prima facie, it appears that there was variation and the hill cutting exceeds the permitted height. This is why a fresh show cause notice was issued to the respondent on March 19, 2024.
Though the fresh show-cause notice was issued by Aldonkar, the Court directed him not to associate with the matter and asked the Chief Town Planner to dispose of fresh show-cause notice within next two weeks after hearing both the parties and to submit his decision by filing an affidavit to the Court. It also directed Aldonkar to file an affidavit by April 15.
The matter has now been posted for further hearing on May 6.
