PANJIM: The High Court of Bombay at Goa has restrained the Isprava Luxury Realty Two LLP and the intervener from proceeding with any further construction of the mega housing project until further orders.
The Court further stated that if replies are filed by the Deputy Town Planner and the Camurlim Village Panchayat in Bardez taluka, then the same be placed before it for consideration of interim reliefs.
The petitioner Nubert X Fernandes had filed a public interest litigation (PIL) writ petition against the project and the narrow road as it will cause damage to the ecosystem and village biodiversity.
Advocate General Devidas Pangam told the Court that the Deputy Town Planner will file the reply within four weeks inter alia on the issue of the road width being six metres at the site.
The Block Development Officer (BDO), Bardez, on inspecting the site, made a report that at least prima facie shows that the road width at the site is less than six metres. However, the Court observed that the Town Planner had granted the technical approval based on this premise. Accordingly, the Court has asked the Deputy Town Planner to file an affidavit in this regard.
The Court said that the Camurlim village panchayat in its show-cause notice dated August 28, 2023 issued to the respondent, had flagged the issue of road width and had stated that there was no six-metre-wide existing road at the site.
The BDO’s report and the panchayat’s show cause notice also prima facie suggested that there was an issue with the requisite road width.
The Court said that there was no question of the sarpanch being privately satisfied with some reply furnished by the respondent and submitting that the stop-work order stands “worked out”. The sarpanch also chose to look the other way instead of dealing with the statutory orders under the Panchayat Raj Act.
The Senior Town Planner, at least prima facie, does not appear to have taken any action on the observations made by the Court.
