PANJIM: The High Court of Bombay at Goa has directed the Town and Country Planning (TCP) Board to dispose of an appeal filed by Narendra Shah and others regarding illegal construction along the Atmaram Borkar Road in accordance with law and as expeditiously as possible within next three months. The Court has also asked the TCP Board to communicate the decision to all the parties.
During the pendency of the writ petition filed by Rasiklal Gangani, the North Goa Planning and Development Authority (NGPDA) by an order dated August 3, 2023 issued revocation order-cum-rejection of the revised plan submitted by Shah and other regarding the structure.
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But Narendra Shah filed an appeal before the before the TCP Board praying to quash and set aside the impugned revocation order-cum-rejection of the revised plan.
During the hearing, Shah’s counsel Adv Raunaq Rao told the court that they had already appealed against the NGPDA order before the TCP and that once such appeal is filed, it operates as a stay on the order appealed against.
However,arguing on behalf of the petitioner, Adv Rohit Bras De Sa told the Court that directions be issued to the TCP Board to dispose the appeal expeditiously.
Advocate General Devidas Pangam too told the Court that the TCP Board will dispose of the appeal as expeditiously as possible and in any case within next three months.
While rejecting the Revised Plan submitted by Narendra Shah and others, the NGPDA had observed that deviations were beyond the scope of relaxation of the Authority as per the Regulation 3.8 of the Goa Land Development and Building Construction Regulations, 2010.
In March last year, Shah submitted an application for Revised Plan for reconstruction of the existing building with change in use, internal alteration and addition in the said property.
The NGPDA in its order has stated that the Revised Plan was in violation as coverage exceeds maximum permissible 50%; front setback towards the road were not maintained and parking provision for a vehicle as per requirement was not provided.
The High Court had also observed that no part of deviation which is otherwise a major deviation including the encroachment on public road, be condoned by the NGPDA.
