National Highway in Goa

PANJIM: The High Court has directed the Central government to file an affidavit relating to the regulation about setbacks along National Highway, including the power to relax. Further, the State government has also been asked to file an affidavit on their powers pertaining to relaxation of norms or prohibiting of construction along the National Highway,

The petitioner in the petition had said that the relaxations granted by the state government are in most arbitrary manner violating Article 14 of the Constitution, thus narrowing the National Highways (NH-17), keeping no scope for its extension or even improvement. The nature of illegalities listed by petitioners are: temporary occupation by gaddas or by sale of commodities at NH, temporary structure in NDZ which are converted as pucca structure by obtaining permission for repairs and permanent structure without obtaining highway clearance or by relaxation by state government.

It must be recalled that to curb menace of illegal structures on the national highway, the Court had granted interim relief to the petitioner and asked 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, they have been 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.

Further, the Court had directed various government authorities to ensure that no construction within the prohibited 40 metre No Development Zone (NDZ) is permitted and take steps to ensure that there is no temporary occupation of highway land without due approval of Executive Engineer, WD XIV (NH), till pending hearing and disposal of the petition. Further, Court had also asked the Highway Administration to independently carry out such inspection by the Court, which also asked the chief Town planner to give a report of all constructions, which are approved to be constructed in the prohibited area of 40 metres set back with effect from January 27, 2005.