Case Note & Summary
The petitioners, residents and plot owners of the project 'Aldeia de Goa' at Bambolim, challenged the permission/NOC dated 11.12.2020 granted by the Deputy Town Planner (Respondent No.2) to the developer (Respondent No.4) for deviation/alteration in the final approved sub-division layout. The permission allowed deletion of 9,384 sq. mts of open space from the earlier approved plan for commercial/residential use. The petitioners purchased plots in Phase I (2004 approved plan) and Phase II (2007 approved plan) and constructed houses accordingly. In 2010, the developer applied for amalgamation of Phase I and II, maintaining the open spaces as originally shown. The court framed the issue whether originally sanctioned open spaces, on the basis of which plots were sold, can be altered under the garb that some area above the required 15% was available. The court held that open spaces shown in the approved plan are integral to the layout and cannot be reduced or altered to the detriment of plot owners who purchased based on such sanctioned plan. The impugned permission was quashed.
Headnote
A) Town Planning - Open Spaces - Alteration of Sanctioned Layout - The moot question was whether originally sanctioned open spaces in a sub-division layout, on the basis of which plots were sold, can be altered under the garb that some area above the required percentage of 15% under the regulations was available. The Court held that open spaces shown in the approved plan are integral to the layout and cannot be reduced or altered to the detriment of plot owners who purchased based on such sanctioned plan. (Paras 1, 5, 6, 7, 8)
Issue of Consideration
Whether originally sanctioned open spaces in a sub-division layout, on the basis of which plots were sold, can be altered under the garb that some area above the required percentage of 15% under the regulations was available.
Final Decision
The impugned permission/NOC dated 11.12.2020 granted by the Deputy Town Planner is quashed. Rule made absolute.
Law Points
- sanctioned open spaces cannot be altered
- open spaces are integral to layout
- purchasers' rights to open spaces
- deviation from approved plan requires fresh approval
- estoppel against developer
Case Details
2022 LawText (BOM) (09) 129
Writ Petition No.25 of 2021
G.S. Kulkarni, Bharat P. Deshpande
Mr. Yogesh V. Nadkarni with Mr. Sanket Kamat for Petitioners; Mr. Devidas Pangam, Advocate General with Ms. Maria Correia for Respondent-State; Mr. J.P. Supekar with Mr. Roger D'Souza and Ms. Sufiyan Sayed for Respondent No.4
Mr. Raman Madhok, Mr. Neville Chico, Mr. Amit Pradhan, Mr. Joseph Noronha, Mrs. Mariam Sandhu
State of Goa, Dy. Town Planner, Village Panchayat Curca Bambolim & Talaulim, Goan Real Estate & Construction Pvt. Ltd.
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Nature of Litigation
Writ petition challenging permission/NOC granted by Deputy Town Planner for deviation/alteration in final approved sub-division layout of a housing project.
Remedy Sought
Quashing of permission/NOC dated 11.12.2020 allowing deletion of 9,384 sq. mts of open space from approved plan.
Filing Reason
Petitioners aggrieved by permission granted to developer to delete open spaces from approved layout for commercial/residential use.
Issues
Whether originally sanctioned open spaces in a sub-division layout, on the basis of which plots were sold, can be altered under the garb that some area above the required percentage of 15% under the regulations was available.
Submissions/Arguments
Petitioners argued that open spaces shown in approved plans are integral and cannot be reduced.
Respondents argued that surplus area above 15% requirement could be utilized.
Ratio Decidendi
Open spaces shown in the approved sub-division layout are integral to the layout and cannot be reduced or altered to the detriment of plot owners who purchased based on such sanctioned plan. Any deviation requires fresh approval and consent of all affected parties.
Judgment Excerpts
The moot question which arises for consideration in the present proceedings is as to whether the originally sanctioned open spaces on the basis of which plots are sold, whether can be altered under the garb that some area above the required percentage of 15% under the regulations was available.
Procedural History
Writ Petition filed in 2021; notices issued on 11.02.2021; matter taken up for final disposal at admission stage; Rule issued and heard by consent.
Acts & Sections
- Goa Town and Country Planning Act, 1974:
