PANAJI
Two locals have filed a Public Interest Litigation (PIL) writ petition before the High Court of Bombay at Goa, challenging the alleged illegal change of zoning of a property located in Aldona.
Petitioners Direndra Phadte and Jose Maria Miranda stated that the property bearing Survey No 36/1 was initially classified as a paddy field under the Regional Plan 2021 (RP 2021) but was later converted to a settlement zone.
They further alleged corruption in the administration, identifying departments and individuals, including the Chief Secretary and an ex-PWD employee suspended on corruption charges, as allegedly being involved in the illegal zone change.
“The Order/Notification dated March 14, 2024, notifying the approval of the proposal for change of zone of the said property from Paddy Field to Settlement Zone, is wholly arbitrary and unconstitutional, as it has been done irrationally on an inaccurate report of Respondent No 6 (K H Kamaladhinni), an ex-PWD employee suspended on corruption charges, and also due to the interest of Respondent No 5 “ the Chief Secretary of the State in the said property. The entire transaction unmistakably displays a colourable exercise of power,” the petitioners alleged.
The petitioners have detailed allegations, stating that the change of zoning was carried out illegally under Section 17(2) of the Goa Town and Country Planning Act, 1974, in violation of the Coastal Regulation Zone (CRZ) guidelines and other related laws, while also stating that the property is located in a No Development Zone (NDZ) as per the Coastal Zone Management Plan (CZMP) and that no development or zone change is permissible in such areas without revising the CZMP.
Google historical timeline images annexed to the petition allegedly showed that the bungalow was constructed after 1991. The petitioners contended that in the Revenue Records maintained under the Goa Land Revenue Code, 1968, the property is shown as cultivable land, rice (paddy fields) for a total area of 800 m² and 1075 m² as dry crop, with another respondent, Cyril Philip Mendonca, recorded in the Occupant’s Column.
The petitioners have sought orders for the revocation of the TCP order approving the zone change, to remove the illegal structures on the paddy field, and to restore the paddy field to its original condition.
The Bench has scheduled the hearing for next week.
