PANJIM: The High Court of Bombay at Goa on Wednesday issued notices the Socorro Village Panchayat, Chief Town Planner and the Delhi-based Ona Housing Pvt Ltd, for allegedly constructing in open public spaces without leaving the minimum setback for the National Highway.
The petitioner Avertino Miranda in a writ petition had prayed to struck down the Conversion Sanad dated September 27, 2018 issued by the North Goa Additional Collector, and the technical clearance order dated December 17, 2020 issued by the senior town planner and the construction licence issued by the Socorro Village Panchayat for development and construction in the property bearing Survey No. 376/2-C of Village Socorro in Bardez Taluka.
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The petitioner had also prayed that hearing and final disposal of the writ petition, the respondent based Ona Housing Pvt Ltd be restrained by way of interim relief from carrying out any further development or construction in the land bearing Survey No. 376/2-C of Village Socorro, Bardez.
According to the petitioner, after purchasing the plot admeasuring 1,425 square metres, the respondent Ona Housing Pvt Ltd mutated the survey records of the land under Survey No. 376/2 to include its name therein and thereafter partitioned the plot from the larger property and obtained a new sub division number for the said plot which is Survey No. 376/2-C of Village Socorro.
The petitioner stated that the respondent obtained Technical Clearance under the Goa Land Development and Building Construction Regulations 2010 for construction of a commercial building in the said plot in December 2020 by the Senior Town Planner and the Socorro Village panchayat issued construction license to the respondent for construction of a commercial building in the said plot.
The said plot of land is situated along the National Highway and the setback as shown in the approved plan was 35 metres from the central line of the road.
The petitioner stated that the construction is proposed to be done by M/s Goa Connect Properties Private Limited. It appears that the Ona Housing Pvt Ltd has either entered into any agreement with M/s Goa Connect Properties Private Limited or has entrusted the development to the latter.
The Ona Housing Pvt Ltd has in the meanwhile also obtained Conversion Sanad from the Additional Collector, North Goa for conversion of the entire plot of 1,425 square metres from agricultural to commercial purpose under Section 32 of the Goa Land Revenue Code, 1968.
The petitioner has contested that the Conversion Sanad was illegal since the open space could not have been converted and no change of user could have been permitted for the said open space.
The High Court has posted the matter for hearing on March 28.
