The two Public Interest Litigation (PIL) writ petitions filed by five Sancoale residents and the NGO Goa Bachao Abhiyan (GBA), challenging the permissions granted to M/s Parmesh Construction Private Limited, also known as ‘Bhutani Infra’, were recently dismissed by the High Court of Bombay at Goa.
The petitioners had questioned the grant of technical clearance and the approval of plans issued by the Town and Country Planning (TCP) Department and the Mormugao Planning and Development Authority (MPDA) for the proposed construction of multi-family dwelling villas and swimming pools at Survey No. 257/1 in Sancoale village.
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The order, which was reserved in August 2025, was delivered after nearly three months.
The petitioners had also objected to the construction licence granted by the Sancoale Village Panchayat in favour of the project proponent and sought strict enforcement of the Goa Land Development and Building Construction Regulations, 2010, and the EIA Notification 2006 in relation to the project.
They had also prayed for an order restraining the project proponent from undertaking any construction or development work at the site without ensuring full compliance with the relevant regulations.
In their PIL writ petition, the petitioners further sought the constitution of an independent Expert Committee to investigate the issue of alleged illegal hill cutting and regulatory lapses in the ‘Acqua Eden’ project. They proposed that this committee comprise various professionals who would report to the Court on the alleged violations, assess the feasibility of the project without causing environmental damage, and fix accountability on any officers who may have acted in dereliction of duty.
The ‘Acqua Eden’ project proposes a sanctioned built-up area of approximately 85,886.06 sq m and involves a high-density development comprising multiple villas, 685 private swimming pools, and parking provisions for over 800 vehicles.
However, the Court found that the project proponent had followed all necessary procedures and had applied for the construction licence only after securing the Development Permission. It also noted that the contour plans were prepared based on surveys carried out on site using a total station survey method, which offers an accuracy level of about 90% to 95% compared to the Survey of India topographical sheets.
The Court accepted the submission of Advocate General Devidas Pangam that there was no significant difference in the gradient, whether the contour lines were taken as 42 or 43.
Regarding the contention related to the 10-metre access road, the Court observed that senior advocate A.N.S. Nadkarni, representing the respondent, had pointed out the existence of a 10-metre-wide road access from Survey No. 258/1 of Village Sancoale. This access had been duly approved by the TCP Department as early as 9 January 1997 and was clearly reflected in the TCP approval dated 9 January 1997, deeming it to be a public road.
