PANJIM: The High Court of Bombay at Goa has restrained the Public Works Department (PWD) Division VI, Water Resources Department (WRD) and others to restrain from undertaking any construction over the water body surveyed at Chinchinim until the respondents comply with what is set out in the circular issued by the Chief Town Planner.
Disposing of a miscellaneous civil application filed by Remedios D’Cunha of Chinchinim and five others, the Court said that the Chief Town Planner by circular dated May 17, 2010 has directed that no construction/development shall be allowed in the notified forest, private forest identified by the Karapurkar Committee and the Sawant Committee, sloppy land having gradient more than 25 per cent, mangroves areas, water bodies and cultivated paddy fields (low lying and presently under cultivation).
The petitioners had sought direction commanding the respondents to stop the construction activities/construction of the proposed by-pass road at Chinchinim over properties bearing survey numbers 44/1, 44/2, 44/13 and water bodies bearing survey numbers 45/1, 45/15 and for restoration of these lands/water bodies to their original condition.
Adv Nigel Costa Frias on behalf of the petitioners submitted that the relief is liable to be granted to the petitioners since the aforesaid properties where the construction of the road has been commenced or continued constitute a Command Area as defined under Section 2(1) of the Goa Command Area Development Act, 1997.
He argued that no construction of a road is permitted in such an area unless necessary permissions from the Command Area Development Board are obtained.
Adv Costa Frias submitted that since no such permissions have been applied for or obtained, the construction is required to be halted. The aforesaid properties are low-lying agricultural areas. The construction of the road involves filling of these areas. “There is no permission under Section 17A of the Goa Town and Country Planning (TCP) Act obtained for such filling. Therefore, the construction of such road is required to be halted and the lands restored to their original condition,” he said.
