NT Reporter
Panaji
The High Court of Bombay at Goa has dismissed a PIL writ petition filed by Betqui Candola Samvardhan Samitee, upholding the permissions granted to Gera Developments Pvt Ltd, which is set to develop a property in Khandola, Ponda taluka.
However, the court cautioned the project proponent to strictly adhere to the requisite permissions.
The project is a group housing project comprising 784 flats, 44 villas, shops and 13 offices, along with a town centre and a clubhouse.
The total built-up area of the proposed project
is approximately 1,01,147.69 sqm.
The PIL raised objections to the development on various counts.
The High Court said that though the petition raised environmental concerns, “on having examined the concerns and since they are already looked into by the Town and Country Planning Department (TCP) as well as the village panchayat, we do not deem it appropriate to entertain the Public Interest Litigation.”
The High Court observed that project proponent had obtained a conversion sanad for an area of 1,02,387 sqm for residential use.
It observed that the contention that village does not have the requisite infrastructure is not an issue to be considered, as whenever the requisite permissions are granted by the respective authorities, they are conversant with the availability of infrastructure.
The court observed that when such permissions are granted, the village panchayat will cater to the needs of those housed in the project.
It also said that it does not expect the petitioner
to possess expertise
comparable to that of the village panchayat and TCP Department.
The court said that TCP possesses expertise and has carried out factual inspection before granting permission under Section 17A, as well as recommended detailed land contours and restricted areas where the gradient is more than 25 per cent.
