PANJIM: The High Court of Bombay at Goa has directed the Town and Country Planning (TCP) Department to inspect a structure/restaurant at Calangute, whether it corresponds to the approved plans.
The Court has asked the TCP authorities to find out whether there is any correspondence, and also to indicate in their report whether, in terms of the relevant rules and regulations, there is any prohibition for amalgamation of the shops on the ground floor and putting up of a mezzanine floor. The extent to which a mezzanine floor can be put up in accordance with the rules and regulations must also be indicated in the report.
Since, the restaurant premises continue to be sealed, the TCP Department officials must complete the above exercise within 10 days and to file a report in the Court.
The court was hearing a PIL writ petition filed by Roshan Azavedo, seeking to de-seal his premises stating that he had obtained consent to operate from the Goa State Pollution Control Board (GSPCB). However, the Calangute village panchayat had rejected his application for renewal of trade licence giving reasons that the restaurant was being operated on the first floor when in fact the approved plans show that the first floor was meant only for residential purposes.
But Azavedo’s counsel Adv S D Lotlikar pointed out that the first floor continues to be used for residential purposes and that the restaurant was situated in the mezzanine on the ground floor. He also produced plans approved by the TCP and the panchayat, which had a provision for
mezzanine.
However, the original petitioner’s counsel Adv Rohit Bras De Sa brought to the notice of the Court that all the ground floor shops appear to have been amalgated and a mezzanine floor has been erected, which was in breach of the planning laws including the Goa (Land Development and Building Construction) Regulations, 2010.
Following this, the division bench comprising Justices Mahesh Sonak and Valmiki SA Menezes asked the TCP officials to visit the site and to file a report whether the position at the site corresponds to the approved plans.
Most of the structures were sealed by the authorities as they had no occupancy certificates and no consent to operate. There were allegations that the structures were used for running dance bars.
The matter has now been posted for further hearing on March 12.
