PANAJI
The Bombay High Court at Goa has ordered that no work on the construction of a bypass road in Chinchinim will be taken forward until the matter is placed before the Chief Town Planner as per a circular issued back in 2010, who has then to place it before a special committee and finally the Town and Country Planning Board.
The High Court also rejected the government’s contention that the land in question -- surveyed under No 45/15 of Chinchinim village was not a water body and hence could be filled and built over without any special dispensation.
Disposing of a petition filed by some villagers from Chinchinim and surrounding villages, the High Court agreed with the inspection report filed by the Goa Biodiversity Board that the land in question was indeed a water body.
“We are satisfied that the area surveyed under No 45/15 is indeed a water body. The contentions to the contrary cannot be accepted. The site inspection report itself reveals that even the PWD engineers were a part of the team that inspected the site. The PWD engineers have not even bothered to place any note of dissent. Besides, the inspection team included inter alia Dr Shailesh Morajkar, Scientific Officer of Goa State Wetland Authority,” the High Court bench of Justices M S Sonak and M S Jawalkar, said.
Petitioners led by one Remedious D’Cunha had approached the court seeking directions commanding the Goa government to stop the construction activities/construction of the proposed by-pass road at Chinchinim over properties that covered around six survey numbers and for restoration of these lands and water bodies to their original condition.
The petitioners argued that the aforesaid properties where the construction of the road has been commenced or continued constituted a command area as defined under Section 2(1) of the Goa Command Area Development Act, 1997 and that no construction of a road is permitted in such an area unless necessary permissions from the Command Area Development Board are obtained.
“No such permissions have been applied for or obtained, the construction is required to be halted,” Adv Nigel Costa Frias argued on behalf of the petitioners.
“The construction of the road involves filling in these areas. There is no permission under Section 17A of the Goa Town and Country Planning Act (TCP Act) obtained for such filling. Therefore, the construction of such roads is required to be halted and the lands restored to their original condition.” he said.
The High Court, however, rejected the first two contentions and said that the road, the construction of which has already commenced, cannot be stopped or undone.
With regard to the third contention -- which only concerned the area surveyed under No 45/15 the petitioners argued it is a “water body”.
This position has been confirmed by the Goa Biodiversity Board comprising experts. This position is clear from the acquisition map or for that matter the survey records.
The High Court, which had earlier ordered the Goa Biodiversity Board to conduct an inspection and submit a report agreed with the final contention after the Biodiversity Board reported back that it was indeed a water body.
“We restrain the respondents from undertaking any construction over the water body surveyed under No 45/15 until the respondents comply with what is set out in the circular dated 17.05.2010 issued by the Chief Town Planner,” the High Court said.
