PANAJI
The High Court of Bombay at Goa on Monday directed the Chief Town Planner (CTP) to inspect the site at Bainguinim, where residents have alleged unauthorised construction of a casting yard for the Bhoma highway project in a residential area. The Court has further directed that a report with photographs be submitted by Wednesday, October 28.
The Division Bench of Justice Valmiki Menezes and Justice Amit Jamsandekar directed the Town and Country Planning (TCP) department to establish whether the activity constitutes industrial or prohibited work, or whether the contractor can carry it out without permission.
The Bench also directed the CTP to inform the petitioners of the inspection schedule and allow two representatives of the petitioners, accompanied by their advocates, to be present during the inspection. The Court scheduled the next hearing for October 28.
The directions came on a petition filed by nine residents of four residential complexes and a parent-teacher association member of a private school, who alleged that the contractor had started industrial activity on land designated as a settlement area under the Regional Plan without obtaining the necessary permissions and clearances.
During Monday’s hearing, the respondents denied that any industrial activity was taking place, contending that the work related to the national highway project between Old Goa and Bhoma, and served a public purpose.
The petitioners, represented by advocate Melisa Simoes, argued that the public purpose of the project did not exempt the contractor from obtaining the permissions required under the applicable town planning rules. They maintained the contractor must possess TCP approval before undertaking the activity, even on land designated as a settlement area.
The petitioners further alleged that work had continued since September 20, with excavation and earth-breaking beginning as early as 8 am and extending beyond 10 pm. They said the movement of trucks, dust and noise had severely disturbed residents and affected the school community. Simoes also submitted that trees had been felled on the property without permission from the Forest Department.
According to the petitioners, the Old Goa village panchayat issued a stop-work notice on October 5, but the work resumed shortly after the notice.
