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Goa High Court blocks villa project in Bardez over orchard land and road access disputes

#Law & Policy#India#Goa
Synopsis

The High Court has temporarily suspended the construction of 12 villas and a swimming pool in Paliem, Bardez, after a public interest petition was filed challenging the technical clearance order. The petition disputes the approval for construction on an orchard with a no-development slope, claiming the Town and Country Planning (TCP) department wrongly designated the area as a settlement zone. Additionally, it alleges the property lacks an access road, contradicting a directive from the Principal Secretary (TCP). The petitioners, local biodiversity committee leaders, accuse government officials of fraud and manipulation, seeking the cancellation of the clearance order.

The High Court has temporarily halted the construction of 12 villas and a swimming pool at Paliem in Bardez, placing a stay on the technical clearance order. This suspension will remain in effect until the next hearing of a public interest petition regarding the project.


The petition challenges the approval of the technical clearance for a development in an orchard area with a no-development slope. It contends that the Town and Country Planning (TCP) department wrongly designated the area as a settlement zone in the clearance order.

The petition further highlights that the property lacks an access road. The technical clearance order, dated March 13, 2023, mentions a proposed 10-meter-wide access road, yet the approval was granted for a road that does not exist. This is indirect conflict with an order issued by the Principal Secretary (TCP) on August 8, 2024, which the petitioners presented to the court.

The petitioners are Alvito D'Silva, chairman of the biodiversity committee for the Pomburpa-Olaulim and Ucassaim-Paliem-Punola panchayats, and Ganpat Sidhaye, chairman of the biodiversity committee for the Penha-De France panchayat. They told the High Court that the plot is fully designated as an orchard area with a no-development slope in the Regional Plan 2021.

Despite this, the petitioners argue that the TCP department issued the technical clearance order, allowing construction on the no-development slope by wrongly classifying the area as a settlement zone.

The petition accuses state government officials of corruption and complicity, alleging that the TCP department manipulated the Regional Plan 2021 and building regulations. The petitioners are seeking the annulment of the technical clearance order.

In conclusion, the case has brought to light concerns over possible manipulation within the Town and Country Planning department and raises questions about the handling of land use regulations in Goa. With the High Court now involved, the future of the development project hangs in the balance, and the petitioners are determined to challenge what they see as a breach of environmental and planning rules. The outcome of this case could set a significant precedent for similar issues in the state, particularly regarding construction on protected areas and adherence to regional planning laws.

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