NGPDA restrained from granting permissions based on the plan
PANAJI: The Bombay High Court at Goa on Wednesday stayed the letter putting into operation the draft Calangute-Candolim Outline Development Plan 2025 by the North Goa Planning and Development Authority while also directing that no permissions be granted based on the plan.
"Till further orders, the directions contained in the letter dated 16 December 2016 issued by Town and Planning Secretary are stayed. The Respondent Nos.1, 2 and 3 (various authorities) will not grant any permissions as well as occupancy certificate for any development/ construction based on the draft ODP Calangute-Candolim 2025," a division bench of justices Nutan Sardesai and N M Jamdar ruled.
"The area in question admittedly is a coastal area and having substantial greenery, as pointed out by the Petitioners. The Petitioners have pointed out that the draft Development Plan has proposed residential and commercial users in Coastal Regulation Zone, mangroves area has been shown as parking slots and there are various provisions in the Draft ODP which may result in ecological damage. If the provisional permissions for construction are granted, and even if they are subsequently revoked, irretrievable damage can be caused," the High Court ruled while proceeding to grant interim relief.
"Such revocation of permissions will also be not beneficial to those who have been granted such permissions, as they will have to demolish the structures under which the provisional permissions are granted," the court observed.
The petitioners have made several serious allegations in the drafting of the Candolim Calangute ODP which they say has been done solely to allow panch members and their relatives to convert their properties into commercial and settlement zones when they are actually either agricultural tenanted land or eco-sensitive lands.
"The provisions of Goa Panchayat Raj Act 1994, Constitution of India, Goa Building Construction Regulations 2010, Goa Agricultural Tenancy Act, Forest Conservation Act, Coastal Regulation Zone are not considered and the area under no development zone is converted into orchard or settlement, orchard in to settlement and some land from settlement zone into commercial zone without any study and without considering the objections of the villagers which exercise is illegal," the petitioners have said in their petition.
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RULINGS OF THE COURT
* Till further orders, the directions contained in the letter dated 16 December 2016 issued by Town and Planning Secretary are stayed
* The Respondent Nos 1, 2 and 3 (various authorities) will not grant any permissions as well as occupancy certificate for any development/construction
* If the provisional permissions for construction are granted, and even if they are subsequently revoked, irretrievable damage can be caused
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PETITIONERS' PLEA
* Draft Development Plan proposes residential and commercial users in Coastal Regulation Zone
* Mangroves area shown as parking slots
* Various provisions in the Draft ODP which may result in ecological damage
* ODP drafting has been done solely to benefit panch members and their relatives
* It will facilitate them in converting their properties into commercial and settlement zones
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