Tuesday, December 11, 2007

Cidade de Goa resort : CRZ violation in Court

PANJIM: Taleigao panchayat and Fomento Resorts and Hotels Ltd. are again at loggerheads. This time over a seven-storied building to be constructed on a "hill" next to the Cidade de Goa resort, estimated to cost around Rs 24,45,39,000.

The Taleigao panchayat has approached the High Court on the ground that Additional and Deputy Director of Panchayats have misconstrued the provisions of Goa Panchayat Raj Act, 1994 and erred in directing the panchayat to grant the construction license Fomento Resorts and Hotels Ltd.. Meanwhile, Fomento Resorts and Hotels Ltd. have approached the High Court stating that the Panchayat should be directed to give them the construction license.

While the Court admitted Fomento Resorts and Hotels Ltd. petition, they have granted permission to Taleigao panchayat to amend the petition. The Court will take both the petitions together next week.



On December 13, 2006, Fomento Resorts and Hotels Ltd. applied to the Taleigao Panchayat for a construction license of the Hotel project. Soon afterwards they addressed letters to Electricity department and Urban Health Centre on December 16 and later the panchayat conducted site inspections on February 7.



On March 14, 2007, Fomento Resorts and Hotels Ltd. appealed before the Deputy Director of Panchayats under Section 66 (2) of the Goa Panchayat Raj Act, 1994, which was opposed by the Panchayat. However, on April 13, 2007, the Deputy Director of Panchayats by a judgement and order allowed the appeal filed by the Fomento Resorts and Hotels Ltd and issued directions to the Panchayat to issue a license to the resorts.



Fomento Resorts and Hotels Ltd. writes a letter to the Panchayat on March 8, that they had applied for a Panchayat license for the project at Vainguinim and till date, have not received the license. It was also mentioned that they would wait for another 7 days for receipt of the said license and if for any reason should the Panchayat not receive the license before March 16, 2007, then the application may be kindly treated as withdrawn. On March 16, 2007, Fomento Resorts and Hotels Ltd. by a letter sought to withdraw its letter dated March 8, 2007.

The Additional Director of Panchayats, which was dismissed by judgement and order on July 31, 2007. After dismissal of the Panchayat's appeal, Fomento Resorts and Hotels Ltd. addressed a letter to the Taleigao panchayat to issue the license as the Additional Director of Panchayats had dismissed their appeal.

Counsel for the petitioner, Atmaram Nadkarni, alleged that the hotel project is in the green area and if allowed to construct it will destroy the green belt and the project is within 100 mts of the river Zuari. However, the High Court has asked the Taleigao panchayat to show that the project is within 100 mts.

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