MAPUSA
The Bombay High Court at Goa has issued a restraining order against an ongoing construction project situated within an open space and the setback area of the NH66 highway in Socorro, Porvorim.
Granting an ex-parte restraint order, the High Court directed the Socorro panchayat and the senior town planner to seek police assistance in ensuring that no further construction occurs at the site until further notice.
Advocate Costa Frias, representing the petitioner, alleged that M/s Goa Connect Properties Private Limited was proceeding with construction within the NH66 highway's setback line and designated open space. However, the Advocate General, relying on a report from the Assistant Engineer of PWD, suggested that the construction was within 40 metres from the centre of the NH-66. The petitioner's counsel countered by pointing out that the subdivision plan clearly delineated an open space of 525 sq. mtrs, and the construction was encroaching upon this designated area.
A division bench of the High Court, presided over by Judge Valmiki Menezes and Judge M S Sonak, found prima facie merit in the petitioner's claims and restrained Ona Housing Private Limited and M/s Goa Connect Properties Private Limited from further development or construction on Survey No 376/2-C of Socorro village until further orders.
A local, Avertino Miranda, had filed a writ petition stating that M/s Goa Connect Properties Private Limited had commenced construction on a property measuring 1,425 sq. mts in Socorro village, including an open space area, without maintaining the mandatory setback of 40 metres from the NH-66's central line.
The petitioner further asserted that despite complaints to various authorities, construction at the site continued unabated, even encroaching upon the open space, in clear violation of building regulations and directions issued by the High Court in the case of Down Mangor Valley Residents Welfare Association versus Mormugao Municipal Council. In that case, the HC had maintained that once an open space always an open space and no construction whatsoever can be carried out in the open space area.
The petitioner sought immediate cessation of illegal development by the respondent and demolition of the construction. Additionally, he requested the annulment of the conversion sanad, technical clearance and construction license issued by the appropriate authorities.
The case is scheduled for its next hearing on July 8.
