PANAJI
The High Court of Bombay at Goa has set aside the Goa Coastal Zone Management Authority’s decision rejecting a proposal for the construction of a house in Candolim on the ground that the plot area was less than 4,000 square metres.
The Division Bench of Justices Sarang Kotwal and Ashish Chavan, in its order on December 1, observed that GCZMA's decision in June this year had no basis in the Coastal Regulation Zone (CRZ) rules.
Petitioner Judith Rodrigues, alias Judith Mabel De Souza e Rodrigues, represented through her power of attorney holder, sought directions to declare the rejection of their proposal as illegal.
During the hearing, the court noted that the impugned communication was a one-line cryptic intimation stating that the proposal was rejected because the plot area was less than 4,000sqm.
“...It is quite clear that the decision is not based on any Rules or Regulations. To that extent, the petition will have to be allowed. Respondent no. 1 (GCZMA) is required to consider the petitioners’ proposal for the construction of the house, leaving aside the reason that the plot is less than 4,000 sq mtrs,” it added while setting aside the June communication of the GCZMA to the concerned.
The Bench directed GCZMA to consider the proposal for construction on its merits. While disposing of the petition, the Court also directed the GCZMA to complete the process “as early as possible and not later than eight weeks” from December 1.
HC sets aside GCZMA decision on Candolim house construction
Court says one-line rejection lacks legal basis
