HC assigns matter on illegal structure to single Judge

PANJIM: The High Court of Bombay at Goa assigned a miscellaneous civil application in writ petition filed by Rasiklal Gangani challenging the orders of the Town and Country Planning (TCP) Board and the North Goa Planning and Development Authority (NGPDA) against an illegal structure along the Atmaram Borkar Road in Panjim, to a single Judge.

The counsels for respondents did not object to the bench allowing the amendment application on account of subsequent development such as issue of development permission dated March 1, 2024 by the NGPDA. The respondent Narendra P Shah’s counsel stated that the challenge in the main writ petition was to the Town and Country Planning (TCP) Board’s order dated January 15, 2024 where the respondent’s appeal was partly allowed and directions were issued to the NGPDA to consider and approve the respondent’s revised plans by granting relaxations in respect of setback, coverage and parking requirements.

They further submitted that even if amendment in the petition is allowed by the Court then the matter would still be assigned to a single Judge.

However, Adv Rohit Bras De Sa contended that the development permission dated March 1, 2024 was issued by the NGPDA under Section 44 of the TCP Act, 1974. 

He said that it was administrative order and therefore the petition would lie before the division bench even after the amendment.

In August last year, the NGPDA had revoked the permissions and directed Shah to demolish the construction carried out in violation of the permissions within one month. But Shah filed an appeal before the TCP Board.

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