PANJIM: The High Court of Bombay at Goa on Thursday has quashed and set aside the technical clearance granted by the Town and Country Planning (TCP) Department and the impugned construction licence granted by the village Panchayat of Betqui-Candola to a developer for a group housing project in Candola.
“In the present case, what we have found is a complete omission of various germane factors from consideration. Authorities have not taken an informed decision. In such circumstances, parameters of judicial review to assess the wires of a decision would be different. The Court would not be then using an appellate power.” the Court said
It further said that having gone through the said decision; we find that the case at hand is not the same as one which was under consideration of the Supreme Court. Present case invokes a completely different jurisprudence. The parameters while enforcing fundamental rights and addressing the concerns of lack of basic facilities, are different than reviews of commercial policy, which was under consideration of the Supreme Court in the said case.
