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Petitioner : K. D. Sadhale v. Respondent: The State of Goa and Others
Subject:Illegal Development
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 402 OF 1996
Decided on: 09.11.2011
Petitioner : K. D. Sadhale v. Respondent: The State of Goa and Others
Decided on: 09.11.2011
Hon'ble Judges: A. P. Lavande &U. V. Bakre,Jj
NLS/ENVIS/09.11.2011/Illegal Development/THE HIGH COURT OFBOMBAY AT GOA
JUDGMENT
In cognizance of letter dated 15th October, 1996 addressed by the members of Nirmal Vishwa, Goa alleging illegal and unauthorised cutting of hillocks, felling of trees and causing extensive devastation and destruction of ecology and greenery by the Court this writ petition came to be registered as public interest litigation.Notices were issued to several parties against whom allegations of illegal and unauthorized developments in and around Ponda at different sites were made. The learned Counsel for the petitioner who had been appointed as Amicus Curiae in the matter pointed out that the affidavits filed and the reports submitted by the government disclosed that illegal developments have been carried out without seeking permissions from the appropriate authorities in respect of the six sites.It wasfurther submitted by the amicus curiae that it would be appropriate to direct the owners of the concerned properties to undertake remedial measures so that no further damage is done to the said properties and to see that no damage is done to the hill profiles. The court agreed with the amicus curiae and issued the following directions:
(i) In respect of site no.1 bearing Survey No.196/1-A at Ponda, respondent no.10 shall construct a retaining wall as per the sketch annexed to the report dated 2nd July, 2008 submitted by respondent no.7 in terms of the sketch marked in blue ink to the above report of respondent no.7 having dimension of 1.50 metres base width and width on the top 0.60 metres and having height of 1.50 metres as shown in the sketch. Similarly respondent no.10 shall construct a retaining wall as per the sketch annexed to the said report having 1.50 metres base width with 0.60 metre width on the top and over which height of 1.50 metres.
(ii) In respect of site no.2 bearing survey No.207/1-A 9 (part), at Ponda respondent no.10 shall construct a retaining wall having dimension of 1.5 metres base width and 0.60 metre on the top and over which height of 1.50 metres. The above retaining wall having the balance vertical edge of the cutting will establish terrace in two sets for the purpose of planting fibrous root trees and grass so as to avoid soil erosion.
(iii) In respect of site no.3 bearing Survey No.53/1 at Queula village, respondents no.11 to 15 are directed to construct a retaining wall along the cut portion. Theheight of retaining wall to be constructed by respondents no.11 to 15 shall be determined by Town Planner, Ponda after carrying out the site inspection and considering the position at loco as on the date, within a period of six weeks. The Town Planner shall inform in writing respondents no.11 to 15 the dimensions and the height fixed by Town Planner of the retaining wall to be constructed in terms of the sketch annexed to the report of respondent no.8.
(iv) In respect of site no.4 bearing Survey No.135/0 of village Ponda, respondent no.25 shall construct a retaining wall along the cut portion as specified by the Town Planner who shall inform respondent no.25 the dimensions of the retaining wall after carrying out inspection and considering the position at loco, within a period of six weeks. The retaining wall shall be constructed in terms of the sketch B annexed to the report submitted by the Town Planner on behalf of respondent no.8.
(v) In respect of site at serial no.5 belonging to respondent no.17 bearing survey no.248/10 of Priol village, respondent no.17 is directed to construct the retaining wall all around the cut portion as specified by the Town Planner who shall inform respondent no.17 the dimensions of the retaining wall after carrying out inspection and considering the position at loco, within a period of six weeks.
(vi) In respect of site at serial no.6 bearing survey No.193/1-A of Ponda village, which is owned by respondent no.18, respondent no.18 is directed to erect retaining wall having height of 1.5 metres with width of 1.5 metres and width of 0.60 metre on the top in terms of sketch B.
(vii) The constructions which are to be undertaken by respondents no.10, 11 to 15, 25, 17 and 18 shall be completed within a period of six months.
(viii) The Member Secretary of respondent no.7 and Town Planner at Panaji shall ensure that the constructions are undertaken by the respective respondents as directed and file compliance report within a period of 2 months thereafter.
(ix) The concerned authorities, who have to grant licences/ permissions, are expected to give necessary permissions/ licences to ensure that the directions issued by this Court are complied with within the stipulated time.