Govt, senior officers deny hill slope or hill cutting at Reis Magos site

PANAJI

The High Court of Bombay at Goa refrained from granting any immediate relief in a petition alleging rampant hill cutting at Reis Magos, after the State and senior government officers submitted that no illegal activity was found at the construction site.

At the same time, the Division Bench of Justice Suman Shyam and Justice Amit Jamsandekar made it clear that the matter was still under judicial investigation and directed the Deputy Town Planner (Bardez) Jaidev Aldonkar to place a detailed affidavit within two weeks, warning of consequences for non-compliance.

The observations were made during the ongoing hearing of a Writ Petition filed by the Milroc Vista Do Mar Cooperative Housing Maintenance Society Ltd and others, alleging large-scale hill cutting in Survey No. 95/1-C-2 at Reis Magos.

The Bench on Tuesday had directed Deputy Town Planner Jaidev Aldonkar, and Deputy Collector and flying squad in-charge Ishwar Madkaikar to remain personally present before the Court on Wednesday, with all relevant records to answer the Court’s queries.

During the hearing on Wednesday, Advocate General Devidas Pangam, based on documents produced, took a categorical stand that “there is neither any hill slope nor hill cutting at the site.”

Pangam further submitted that the allegations in the petition were without any substance, while seeking time to file a detailed affidavit responding to the assertions made by the petitioner.

The court then questioned the Deputy Town Planner on the nature of permissions granted and whether he was satisfied construction was being carried out strictly as per permissions.

Aldonkar submitted that, according to the Town and Country Planning (TCP) Department, there was no hill slope or hill cutting at the site, nor any earth filling. He also informed the court that the TCP had granted technical clearance for the project.

“As per my knowledge, we gave permission for technical clearance. For construction license and conversion, other departments are involved... Conversion is issued by Collectors and license by concerned village panchayat,” he said as the Bench posed direct questions to Aldonkar and Madkaikar.  

The Bench then asked whether Aldonkar would be able to swear an affidavit, the officer agreed while seeking extra time, stating that another inspection would be required and government approval was necessary.

The court, however, was firm, granting two weeks. “Tell the government we have passed the order. Don’t tell the court to wait. If they don’t give approval, file the affidavit without their approval,” the Bench directed.

It made clear that failure to do so would require him to remain personally present again on the next date of hearing.

Madkaikar, meanwhile, also took a similar stand, informing the court that following the February 3 order, his team conducted an inspection and submitted a report the same day. “Based on a visual assessment, no violation of rules, regulations or permissions, as alleged in the petition, was found,” he told the Court explaining that if the flying squad observes any violation, a stop work order is issued.

The petitioner, however, strongly disputed this conclusion arguing that a visual inspection “will not serve the purpose” and that only a contour plan would reveal the true position on the ground.

“Ground realities have not been made clear before the court,” the petitioner argued and even offered that his clients were willing to bear the cost of an independent inspection team to bring out “the entire truth.”

Responding to the demand, the court said it would proceed “step by step.” “We will consider it at an appropriate stage... We are not taking anything as gospel truth. They (govt officers) may be right also...But now the court is investigating,” it said. The matter has been adjourned to February 24.