PANJIM: The High Court of Bombay at Goa has ruled that the permissions granted by the Town and Country Planning (TCP) Department in 2020 to the Goan Real Estate and Construction Private Limited (GRECPL) were illegal since open spaces once shown as a part of a Sale Deed, cannot be reduced or altered, and quashed and set it aside.
The petitioners Raman Madhok and four others residing at the Aldeia de Goa project at Bambolim had filed a writ petition challenging the permission/NOC granted by the Tiswadi Dy Town Planner to the developer GRECPL for deviation/alteration in the final approved sub-division layout of the said project, thereby allowing a total area of 9,384 square metres of the open space to be deleted from the earlier approved plan and to be used for commercial or residential purpose.
Madhok and three others Neville Chico, Amit Pradhan and Joseph Noronha had purchased plots in the first phase of the said project as per the final approved plan of the year 2004, while the fifth petitioner Mariam Sandhu purchased a plot in the second phase as per the approved plan 2007.
All the petitioners constructed their respective houses as per the approved plans. In 2010, the developer applied for amalgamation of Phase I and II by submitting fresh plans. The open spaces shown in the 2004 plan and 2007 plan were maintained as it is. The concerned authorities approved the amalgamation of Phase I and Phase II wherein open spaces in both the phases were shown as it is.
But in 2020, the developer applied for revision of plans where open spaces shown in the amalgamation plan of 2010 were reduced by an area of 9384 square metres. Specifically, the open space admeasuring 1345 square metres was deleted and included in a larger plot area for commercial activity.
The petitioners along with 43 other plot owners objected by filing representations to the Planning and Development Authority (PDA) and Town Planner for conversion of such open spaces of the project.
The division bench comprising Justice G S Kulkarni and Justice B P Deshpande stated that conversion of such open spaces fully or partly for any other purpose and more specifically for a commercial purpose is prohibited under the Regulations, which are having statutory force.
Thus, the petitioners’ right to life and to have better amenities is directly affected by the impugned permission granted by the Deputy Town Planner. It held that the impugned permission/NOC dated December 11, 2020, permitting alteration/conversion of 9,384 square metres of open spaces is illegal and quashed and set it aside.
