PANJIM: The Supreme Court on Monday dismissed special leave petitions filed by the Goa Real Estate and Constructions Private Limited seeking to set aside the High Court order on open spaces at Aldeia de Goa project at Bambolim.
After hearing the counsel for the petitioner Adv Mukul Rohatgi at length, the bench comprising Justice Krishna Murari and Justice S Ravindra Bhat declined to interfere in the order passed by the High Court of Bombay at Goa and dismissed the two special leave petitions.
On September 30 this year, the High Court had set aside the NOC granted by the Deputy Town Planner to the Aldeia de Goa project, stating that open spaces cannot be reduced or altered. The deputy town planner had permitted conversion of 9,384 square metres of open spaces from the earlier approved plan either to be used for commercial or residential purposes.
Five residents of Aldeia de Goa had filed a writ petition challenging the deputy town planner’s decision allowing to covert open spaces. They had stated that they purchased the plots and constructed their houses as per the approved plans. It was in 2010 when the developer applied for amalgamation of Phase I and Phase II by submitting fresh plans. But the open spaces were shown as it is.
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, Open space admeasuring 1345 square metres was deleted and included in a larger plot area for commercial activity.
