PANJIM: The High Court of Bombay at Goa disposed of the writ petition regarding illegal hill cutting at Ucassaim but restrained the Rio Luxury Homes Private Limited from carrying out any activity till the Town and Country Planning (TCP) department decide on the show case notice issued to the builder.
The Court also said that the Rio Luxury Homes Pvt Ltd should file a complaint with the Mapusa police station after the respondent in an affidavit stated that the petitioner Rakesh Naik was not acting pro bono and made telephonic calls to extort money. The police should investigate the matter and take action as permissible under the law, it said.
Though the Court was considering disassociating the petitioner from the petition and appointing an amicus curie, it heard the matter since the authorities had inspected the site and initiated some action.
Advocate General Devidas Pangam told the Court that a show cause notice dated June 6, 2023 has been issued by the Deputy Town Planner to the Rio Luxury Homes Pvt Ltd, regarding allegations of hill cutting in the property bearing survey No.6/3 of Paliem village near Sateri Temple, Bardez.
The AG also handed over a copy of show cause notice to Adv K Kerkar representing the Rio Luxury Homes Pvt Ltd after he said that he had not received such notice till date. Adv Kerkar stated that he will file a reply to the show cause notice within next 15 days.
The Division Bench comprising Justice Mahesh S Sonak and Justice Bharat P Deshpande stated that the Deputy Town Planner must consider whether there is any unauthorised hill cutting, irrespective of the alleged conduct of the complainant. If the complaint of hill cutting is correct, then the Deputy Town Planner is obliged to act.
The Court also stated that if the Deputy Town Planner finds that any hill cutting has taken place without obtaining permission, then the Deputy Town Planner should initiate action as contemplated under the law.
