Team Herald
PANJIM: The High Court has directed the Deputy Town Planner, Mapusa-Bardez to conduct a fresh site inspection of the “uauthorised structures” used as dance bars at Calangute and to submit a comprehensive report to the Court.
The Court stated that the hearing be scheduled on February 20 after giving intimation to both the parties i.e. the applicant seeking to deseal the premises and the original petitioners Sudesh Mayekar and another.
The Deputy Town Planner has been asked to prepare a comprehensive report based on the rival claims on or before March 3. Nasim Parvaiz Jafran had filed a miscellaneous civil application pleading to deseal the premises.
The PIL writ petition has now posted for further consideration on March 5.
In January last year the Court had ordered to deseal the premises which did not have occupancy certificates or other NOCs, permissions from the authorities.
“Without any occupancy certificates or consents to operate, where the law requires such consents, none of the respondents can occupy or carry out any activities from the premises. Accordingly, leave of this Court must be sought before the sealed premises are unsealed or occupied or used for any purposes,” the Court had stated.
Arguing on behalf of the applicant, senior advocate S S Kantak submitted that the structure was existing prior to 1970 and therefore the Goa Land Development and Building Constructions Regulations 2010 was not applicable. He said the GCZMA had found that the structure was beyond 500 mts of the HTL and prayed that the applicant be allowed to operate the business by desealing the premises.
Adv Rohit Bras De Sa, counsel for the original petitioners Sudesh Mayekar told the Court that it was a newly-built structure and relied upon an application from the applicant for regularisation which presupposes that structure was unauthorised.
But Adv Kantak said that the application for regularisation had been withdrawn.