PANJIM: Despite a High Court order of November 28, 2006, instructing the authorities not to issue any approval/sanction/permission pursuant to the new settlement areas which have been reflected in the final Regional Plan 2011 and the Notifications issued therein, the North Goa Additional Collector and the Pilerne-Marra village panchayat has issued permissions defying the High Court verdict. This High Court order was based on the submission made by the counsel representing the state government.
While the Additional Collector, issued land conversion Sanad to a construction company, United Realtech Pvt. Ltd, the village panchayat issued construction license to the Company on December 6, 2006. In other words, these permissions were granted a week after the High Court order.
Incidentally, after the High Court verdict, the Chief Town Planner Morad Ahmad send an office order to all the District and Taluka level offices of the TCP department and all officers of the, including Chief Secretary that "it is instructed that no permissions/NOCs for development, recommendation of conversion under Land Revenue Code and permissions/reports etc. in any form shall be granted/issued based on the new areas shown for development in the Regional Plan 2011 till further orders".
When this matter was brought to the notice of the Division bench of Justice RS Mohite and Justice NA Britto during the hearing of the petition filed by United Realtech Pvt. Ltd, the Court observed that prima facie it appears that the conversion Sanad was issued on December 6, 2006, which is after the High Court order of November 28, 2006.
Meanwhile, Goa Heritage Action Group, an NGO, has approached the Court to join them as respondents to the petition filed by United Realtech Pvt. Ltd. The counsel for the Goa Heritage Action Group, Amey Kakodkar, informed the Court that they wanted to be included as a respondent and not a intervener because as a intervener they would be limited to just the point of law, but as respondent they would be able to bring out certain facts, which the state government has failed to bring to the notice of the Court.
In their application, they have alleged that United Realtech Pvt. Ltd's interest in land originated much prior to the Regional Plan 2011 coming into force and the conversion Sanad and construction permission were given in breach of the undertaking to this Court. Therefore, the applicants stated that the present proceedings are collusive in an attempt to protect the construction of United Realtech Pvt. Ltd and thereby resurrect the evils of Regional Plan 2011. However, Advocate General Subodh Kantak strongly objected to the statement that the present proceedings are collusive.
TIMELINE
November 28, 2006: HC instructs authorities not to issue any approval/sanction/permission pursuant to the new settlement areas which have been reflected in the final RP 2011 and Notifications
November 28, 2006: On the same day, the Chief Town Planner Morad Ahmad sends an office order to all the District and Taluka level offices of the TCP department and all officers of the, including CS that "it is instructed that no permissions/NOCs for development, recommendation of conversion under Land Revenue Code and permissions/reports etc. in any form shall be granted/issued based on the new areas shown for development in the Regional Plan 2011 till further orders".
December 6, 2006: North Goa Additional Collector issues land conversion Sanad United Realtech Pvt. Ltd and the village panchayat issues construction license
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