HC: Adhere order on multi-dwelling units

PANJIM: The Bombay High Court at Goa has directed the State government to ensure that the Town and Country Planning Department should strictly adhere to its orders with respect to granting of permissions to multi-dwelling constructions.

TEAM HERALD
teamherald@herald-goa.com
PANJIM: The Bombay High Court at Goa has directed the State government to ensure that the Town and Country Planning Department should strictly adhere to its orders with respect to granting of permissions to multi-dwelling constructions. 
The court has also asked the government to use satellite imaging technology to check the ground realities in view of panchayats at times providing wrong information to the Town and Country Planning Department. 
In an order passed on September 3, the Court also reiterated its previous orders asking the TCP department to conduct thorough inspections before granting permissions. 
“We expect the State Government to issue appropriate instructions/orders to the Town and Country Planning Department and the village panchayat to strictly adhere to the orders passed by this Court and the further orders, which the State Government would contemplate to pass…,” the bench of Justices Naresh Patil and UV Bakre decreed.
The petition was filed by the Corlim Citizen Civic and Consumer Forum pleading that construction permissions are being given without adhering to the required width of road in reality. 
The court also asked that the “counsel for the State shall take instructions from the State Government as to whether the State would contemplate making it mandatory for the developers who desire to raise residential/commercial complexes to place on record along with the application maps using Global imaging technology/satellite imaging system,” the order says. 
Earlier too the High Court had lashed out at the government for giving permission based on access roads that really didn’t exist in the width that they had claimed to exist. It sought to remind the Government of its order dated 11/01/2010 passed in Writ Petition no.372/2009.
“We direct the Chief Secretary, Government of Goa to issue appropriate instructions to the Chief Town Planner to the effect that before granting permission to the Housing Project/Developers/Constructors or Builders, a thorough site inspection shall be conducted. The Chief Town Planner/Town Planner shall, after getting personally satisfied with the site inspection report and other completion of formalities proceed to grant permission accordingly,” the court had order of January of 2011 reads.
“The site inspection memorandum should be drawn and shall be part of the record of the Town Planning Office. Henceforth, the office of the Chief Town Planner/Town Planners should not shift the burden on the concerned Village Panchayat in respect of the matter relating to the site and location over which the building is to be erected. The primary duty of the State and its officers shall be discharged effectively and strictly in complete adherence to the provisions of law in the State. We direct that the State should hold the Chief Town Planner responsible if any violation of this order is noticed,” the Court had then directed.

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