the goan I network
MARGAO
The controversial clause of the Goa Land Development and Building Construction Regulations, 2010, which had virtually cleared decks for the Raheja housing project at Carmona, has come back to haunt - this time in the village of Curtorim as Ms Ira Exotica has made a fresh bid to obtain technical clearance for its hotel project armed with a High Court order.
Clause 6A.4(16) of the Goa Land Development and Building Construction Regulations, 2010 provides for relaxation of the mandatory road width for a certain stretch leading to a project site. In the case of Ms Ira Exotica, the Town and Country Planning department had revoked the technical clearance granted for the hotel project after locals contended that the road to the hotel site falls short of the eight metre wide requirement along the 430 metre stretch and that the PWD had submitted that there's no proposal to acquire land for the construction of the road.
Ms Ira Exotica had later preferred an appeal before the Panaji bench of the Bombay High Court with a plea that in terms of Clause 6A.4(16) of the Building Construction Regulations, the hotel promoters are entitled for relaxation, while promising to file a fresh application before the TCP satisfying them that they are indeed entitled for relaxation under the clause.
While disposing off the petition, the High Court had granted liberty to Ira Exotica to file an application before the TCP in terms of Clause 6A.4(16) of the Goa Land Development and Building Construction Regulation, 2010, with a direction to the TCP to examine with all other issues concerning the technical approval on its own merits in the light of the court observations after hearing the parties in accordance with the law within three months.
Armed with the High Court order, Ira Exotica has made a formal application to the Town and Country Planning department on July 8 with a plea that the Authority may withdraw the suspension/revocation of the technical clearance date September 29, 2015 and reinstate the technical clearance date June 26, 2014 in favour of the company.
In its representation, the company has urged the TCP to invoke Clause 6A.4(16) of the Goa Land Development and Building Construction Regulations, 2010 on grounds that there are alleged illegal structures/encroachments constructed by certain residents without valid permissions along certain stretches of the road leading to the hotel site. The company has further contended that while computing the width of the right of way available at the concerned road site, such illegal structures/encroachments may not be considered as reducing the available access.
With the battle lines drawn, Town Planner Rajendra Borkar has called for a hearing of the matter before Senior Town Planner James Mathew next week in view of the High Court order directing the TCP to examine the application of Ira Exotica in terms of the 2010 Building Regulations.
Notices have been issued to Ms Ira Exotica, PWD Executive Engineer Div VI, PWD Assistant Engineer Div VI, Curtorim Sarpanch and Curtorkarancho Ekvott which has been waging a battle against the hotel project from day one.
Says a TCP official: "We will examine Ira Exotica's application to consider its case under the 2010 Building Regulations and whether the road in quesw
The clause
Clause 6A.4(16) of the Goa Land Development and Building Construction Regulations, 2010 provides for relaxation of the mandatory road width for a certain stretch leading to a project site
past facts >>
In the case of Ms Ira Exotica, the TCP department had revoked the technical clearance granted for the hotel project after locals contended that the road to the hotel site falls short of the eight metre wide requirement along the 430 metre stretch and that the PWD had submitted that there's no proposal to acquire land for the construction of the road
Ms Ira Exotica had later preferred an appeal before the Panaji bench of the Bombay High Court with a plea that in terms of Clause 6A.4(16) of the Building Construction Regulations, the hotel promoters are entitled for relaxation
