Bombay High Court Halts Goa Construction Over Missing Town Planner Clearance
The Bombay High Court has delivered a significant ruling in a case concerning a development project in Goa, stating that Goa Inn Pvt Ltd does not possess any valid technical clearance from the town planner. Consequently, the court has mandated that no construction can proceed at the site without obtaining such clearance, bringing the project to a standstill.
Residents Challenge Technical Clearance and Seek Survey
The legal battle began when residents of Arossim approached the high court to challenge the technical clearance granted by the Town and Country Planning (TCP) Mormugao in March 2020. The petitioners specifically sought a survey of the sand dunes proposed for the project, arguing that these natural features are at risk.
During the court proceedings, the Goa Coastal Zone Management Authority (GCZMA) informed the bench that its No Objection Certificates (NOCs) issued in 2013 and 2017 had expired. The authority emphasized that any construction activity would require a fresh approval to proceed legally.
Disputed Validity of NOCs and Court Directives
In response, counsel for Goa Inn Pvt Ltd argued that the company's licence remains valid, leading to a dispute over the status of the NOCs dated April 8, 2013, and March 10, 2017. The court observed that this issue is contested and provided clear directives to resolve it.
The bench stated that if the company applies for a fresh NOC, the authority must notify and hear the petitioners before making a decision. Additionally, if the company challenges the claim that the NOCs have expired, it must make the petitioners parties to such proceedings. The court directed the concerned forum to decide the matter in accordance with the law after granting the petitioners an opportunity for a hearing.
Environmental Concerns and CRZ Violations
Residents raised serious environmental concerns, noting that the project site includes sand dunes that are neither identified nor protected. They alleged that these dunes are proposed to be levelled for construction, which would violate the Coastal Regulation Zone (CRZ) Notification 2011. This regulation strictly bars development in CRZ-I areas to protect coastal ecosystems.
Furthermore, the petitioners warned that the technical clearance was renewed without complying with National Green Tribunal (NGT) orders from September 24, 2020. These orders required the identification and safeguarding of low-lying areas and water bodies in Arossim. They highlighted that 4,720 square metres of the site is a paddy field, adding to the ecological sensitivity.
The residents urged strict adherence to coastal norms, emphasizing that the project raises significant environmental risks. The court's ruling underscores the importance of regulatory compliance in development projects, particularly in ecologically fragile coastal regions like Goa.
