A court in North Goa has issued a significant order, directing the Goa Tourism Development Corporation (GTDC) to immediately cease all construction work on the controversial Unity Mall project in Chimbel. The directive came on Friday in response to a legal challenge and follows days of public protests against the development.
Legal Challenge Halts Construction
The order was passed by Principal District Judge Irshad Agha of the North Goa court. The case was filed by Govind Shirodkar, the chairperson of the local Biodiversity Management Committee. Represented by advocate Om D’Costa, Shirodkar sought urgent directions to stop ongoing excavation and construction activities on survey number 40/1 in Chimbel.
Judge Agha observed that the construction was proceeding "in full swing". He noted the applicant had raised serious contentions regarding the validity of the construction licence and permissions granted to GTDC. "In my considered opinion, GTDC is required to be stopped from doing further construction until the application for interim relief is decided on merits. No prejudice will be caused to GTDC," the judge stated.
Protests and Environmental Concerns
The court's decision comes after sustained protests from local residents and environmental groups. The primary objection revolves around the project's proximity to a notified wetland known as Toyyar lake or Chimbel lake.
Earlier, the Chimbel Gram Seva Kala Ani Saunskrutic Manch, through its president Gurudas Shirodkar, filed a Public Interest Litigation (PIL). The PIL argued that the construction would have a direct impact on the critical ecological catchment. The lake is described as a historic water source essential for groundwater recharge, local biodiversity, and the livelihoods of villagers, particularly indigenous and tribal communities.
A Timeline of Legal Wrangling
The case has seen a complex back-and-forth between local authorities and the GTDC:
In October, following a complaint by Shirodkar about illegal development, the Chimbel panchayat issued a stop order on October 1. The panchayat later resolved to reject GTDC's application for a construction licence on October 16.
However, GTDC challenged this order before the Tiswadi Block Development Officer (BDO). In November, the BDO allowed the appeal, quashed the panchayat's order, and directed it to issue a construction licence within 24 hours.
The panchayat challenged the BDO's order, and Govind Shirodkar approached the Deputy Director of Panchayats. On December 5, the Deputy Director dismissed the revision application, upholding the BDO's order. On the same day, Shirodkar filed a fresh revision application under the Goa Panchayat Raj Act.
The crucial turn came on December 6, when the court granted ad-interim relief in Shirodkar's favour. This order stayed the Deputy Director's decision of December 5 and, consequently, also stayed the BDO's order from November 28.
During proceedings, GTDC argued that Shirodkar had approached the BDO under the wrong legal provision and claimed the construction licence was issued before the court's December 6 order. However, Judge Agha countered this, observing that "Even if any such construction licence is issued, the same would not stand because the order of the BDO was already stayed by this court."
The case highlights the ongoing tension between development projects and environmental conservation in ecologically sensitive areas of Goa. All further construction on the Unity Mall site remains suspended until the court decides the interim relief application on its merits.
