HC lifts ban

PANJIM: The High Court has lifted the ban imposed on the state government with regards to granting permissions for construction within 40-metres-set-back line along the National Highways.
The Court, by its earlier order had restrained the state government from granting any relaxation to the 40-metres-set-back line along the National Highways without due approval of the Central government, either by itself or through its agents. Besides, the state government was also restrained from granting "Occupancy Certificate" to the constructions already built within the 40- metres-NDZ of NH-17, until and unless such persons obtain the approval of the Central Government.

However, the Division bench of Justice RMS Khandeparkar and Justice RS Mohite observed that prima facie there is no case made out for grant of any interim relief and as such the petitioners -- Fawia Mesquita and Noel Sapeco—are not entitled for continuation of the interim relief granted on May 16, 2007 by the Court.



The Court came to this conclusion as the petitioners were not been able to point out any statutory provision, which could restrain the construction within a radius of 40 metres on either sides of the highways and the petitioners have merely placed reliance upon a circular issued on the basis of the recommendations by Indian Road Congress in support of the contention that no construction could be allowed within the said area of 40 metres from the center line of the highways.



The petitioners had raised the issue of illegal constructions being carried out within 40 metres set-back from the centre line of National Highway No.17 which according to the petitioners, besides choking the said National Highway, has been the cause of many accidents and at times fatal.



They also raised the issue of the Village Panchayat Building Rules, 1971, which are in force being diluted by issuance of Circular dated February 25, 2005, which according to the petitioners could not be issued in view of Section 19(2)(i) of the Goa Town and Country Planning Act, 1974 once a Village Panchayat is de-notified as a planning area.