HC dismisses TCP fees plea, credits finance dept for preventing loss

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NT Reporter

Panaji

The High Court of Bombay at Goa has disposed of a petition concerning a matter related to the Town and Country Planning (TCP) Department, observing that a significant financial loss to the state of Goa was averted due to timely intervention by the Finance Department. The Court noted that there is currently no confusion within the department regarding the applicable rates for processing fees.

The petition was filed by activist Swapnesh Sherlekar and others, seeking a direction to the State authorities to recover deficit fees for zone corrections or rectifications from a private respondent and others, and to initiate disciplinary action against Chief Town Planner Rajesh Naik. The Court recorded that Naik is already under suspension pending a departmental inquiry and said that it is open to the state government to take appropriate action against him based on the findings of the Director of Vigilance.

In its order, the Court said, “However, at this stage, we must make it clear that since we are already informed that Rajesh Naik, the Chief Town Planner, is already placed under suspension contemplating departmental inquiry, we leave it open to the State Government to take stock of the situation, dependent upon the outcome of the report of the Director of Vigilance, Panaji, to take appropriate steps against him.”

The Court further noted that, in 47 cases under scrutiny, reassessments were carried out based on the revised rates, and 40 assessees have paid the deficit processing fees. For those who failed to comply, the TCP Department has moved to recall the permissions previously granted.

The petitioners expressed grievance over the alleged deliberate actions of Respondent No. 4, the Chief Town Planner (Planning), who is currently serving on an extension beyond his superannuation. They claimed he was responsible for assessing and collecting fees via challans for zone corrections under Section 17(2) of the Goa Town and Country Planning Act, 1974.

 

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