PANJIM: The High Court of Bombay at Goa on Tuesday stayed illegal land filling and construction of a road in the low-lying paddy fields falling in the command areas at Calangute.
Hearing the public interest litigation (PIL) writ petition filed by Vinal Diukar of Khobra Vaddo, Calangute, the division bench comprising Justice M S Karnik and Justice Valmiki Menezes clarified that if any work is carried out in further pursuant to the interim orders of the Court, then the latter will be constrained to take a serious view of the matter.
The Court has also directed the Calangute Police Station and Superintendent of Police (SP) North to look into the interim order and take appropriate action.
The petitioner brought to the notice of the Court that Nitin Ganeriwal and Tarun Gupta had carried out an illegal construction of a road at Agarvaddo, Calangute, in Survey No. 344/1, 2, 3, 4, 5, 6 and 7 and Survey No. 341/1, 2, 3 and 346/1 of Calangute village by filling up low-lying paddy fields belonging to the Comunidade of Calangute and its tenants. This development activity was carried out in a command area without obtaining No-Objection Certificate (NOC) from the Command Area Development Board and thereby violating the Goa Command Area Development Act, 1997, and Rules 1999.
The petitioner stated that the illegality was confirmed by the Water Resources Department (WRD) works division VIII, Karaswada, Bardez, who inspected the site with the technical staff and observed that asphaltic road was built in Survey Nos. 343/1, 2, 3, and 346/1, which were notified as command areas. There was also verification that the low-lying paddy field belonging to the Comunidade of Calangute and its tenants was filled up with mud and rubble soling to construct a asphaltic road of 20 metres width and 60 metres length from the main road with concrete parapet walls for the construction of a hotel project on the low-lying area belonging to Ganeriwal and Gupta.
Arguing on behalf of the petitioners, Adv Rohit Bras De Sa said that even after conducting site inspection and submitting a representation, the authorities concerned were refusing to initiate action and register an FIR against the two respondents, and to restore the paddy field falling in the command area to its original condition.
The Court has now posted the matter for further hearing on September 10.
‘No such instances where illegal land filling, hill cutting, etc, has increased,‘ says Govt
Unstarred LAQ No. 176 tabled on 01/08/2024 & its reply
(3 of the 5 questions selected)
QUESTION
(a) Will the Minister for Town & Country Planning be pleased to state: whereas the department is aware that the illegal land filling, hill cutting, deforestation has been increased in Goa
Reply: (a) Sir, no such instances are brought to the notice of the Department whereby it could be stated that the illegal land filling, hill cutting, deforestation has been increased in Goa
(b)How does such illegal land filling, hill cutting, deforestation will result into environmental and climate change in various parts of Goa, explain in detail?
Reply: (b) Not applicable in view of answer at (a) above.
(e) Measures planned or identified/suggestions to prevent impacts as per (c) in many parts of Goa?
Reply: (e) Wherever hill cuttings/filling of low lying areas is involved, various guidelines are issued by the Department to undertake the same in planned manner.
