Tuesday, December 11, 2007

measure the distance from the High Tide Line to the nearest point; Cidade de Goa

PANJIM: The High Court has directed Goa Coastal Zone Management Authority (GCZMA) to appoint a senior engineer to measure the distance from the High Tide Line to the nearest point of the proposed seven-storied building, which would allegedly be constructed within the 100 mts of the no-development zone (NDZ) in CRZ II. The estimated cost of the project is around Rs 24, 45, 39,000.

The Court appointed GCZMA's senior engineer to measure the distance as the counsel for the petitioner, Atmaram Nadkarni, again alleged that the hotel project is within 100 mts of the river Zuari. He submitted to the Court that either an official from the NIO or a Naval Hydrographer be appointed to find out whether the proposed project is within 100 mts.

The Division bench of Justice RS Mohite and Justice NA Britto has directed the senior engineer to submit the report to the Court within two weeks. A representative of the petitioner and the respondent have been allowed to remain present at the site, while the GCZMA's senior engineer takes the measurement.

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

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