PANJIM: In a very significant legal development in the Tiracol Golf Course and Villa project, the High Court of Bombay at Goa has issued an interim stay on the proposed golf course and villa project but has allowed developers, Leading Hotels, permission to construct two model villas in an area of around 700 square metres.
Villagers heaved a sigh of relief outside the court room as permission was given only to develop land in 708 sq mts of land in survey number 5/6. According to the order, the judge said the nature of the land was not to be disturbed except for the land being used for the two villas.
As a matter of balancing equities and proceeding to grant interim relief, the court decided that Leading Hotels shall not change the nature of the land nor cut any fruit bearing trees, nor excavate the property subject to permissions except in the area they intend on carrying out the construction activities. They would only be permitted to put up two villas specified in plans submitted having a built up area of 708 sq mts using the temporary access they had created along survey numbers 5 and 6.
Goa Foundation had earlier this month filed a fresh petition to the December 2014 PIL against the golf course and resort asking for an interim stay in the High Court. It was based on what they claim to be fraudulent change of land from agricultural to non-agricultural land.
The Bench, in the case concerning tenants said that only an order of declaration or anti-declaration was the mamlatdar’s and the order in this case, obtained from the deputy collector was not a substitute for the mamlatdar’s order.
Speaking about the court’s decision, villagers attending the hearing said they were glad with the outcome and were hoping to settle tenancy matters as soon as possible.
The St Anthony Mundkar and Tenants’ Association had in December last year filed a PIL asking for resolution of tenancy matters and calling for a stop to work on the golf course. On the night of May 14/15, Leading Hotels entered the village along with 50 bouncers cutting trees and creating an access road to the sight of the main project.
With the court’s current orders, the development of the golf course itself has been put on hold allowing the developers to only construct two buildings in survey 5/6.
