PANJIM: The Bombay High Court at Goa has sought to know from the North Goa Planning and Development Authority (NGPDA) whether it can send files to the State government to grant relaxation to constructions built without setback and parking space.

The High Court asked NGPDA counsel to obtain such instructions from the Authority while hearing a writ petition filed by Rasiklal Gangani of Panjim praying action against a building project along Dr Atmaram Borkar Road, which is not in consonance with the site plans approved by the NGPDA.

The inspection reports by the Corporation of the City of Panaji (CCP) and the Town and Country Planning (TCP) Department have found that while undertaking the construction, Narendra Shah and others had not maintained the required setback from the centre of the main road.

The petitioner’s counsel Adv Rohit Bras De Sa stated that as per the Outline Development Plan (ODP), the minimum distance required to be maintained from the centre of the road should have been 13.5 metres while, in the CCP inspection report, it was found to be 8.5 metres. The TCP in its inspection report found that the minimum distance from the centre of the main road was 9.7 metres

Based on the inspection reports, the NGPDA issued demolition order dated August 19, 2022. But it was challenged Shah and others before the appellate authority i.e. TCP Department, who by an order dated January 9, 2023, remanded the matter to the NGPDA since during the pendency of the proceedings, the respondents submitted revised plans to the NGPDA, who considered it as per the provisions of Rule 3.8 of the Goa Building Rules and Regulations, 2010.

Citing Supreme Court judgment, the petitioner argued that major deviation like distance from the public road cannot at all be relaxed. He said that no encroachment be allowed on a main arterial road.

The Court has restrained the respondents from undertaking further construction and has posted the matter for hearing on July 12.