Case Note & Summary
The petitioner, Rajendra Gadge, filed a writ petition challenging the order dated 23.08.2018 passed by respondent no.2, the Deputy Town Planner, refusing to issue technical clearance for proposed construction in his property bearing Survey No.18/4 of Village Aldona, Bardez-Goa. The property, known as 'Dragachem Bata' or 'Mainwado', admeasuring about 1400 square metres, was originally agricultural land. In 1986, the petitioner's predecessors in title obtained a conversion sanad dated 28.05.1986 for the property. Subsequently, in the Regional Plan for Goa 2001, the property was zoned as 'settlement'. On 24.04.2017, the petitioner applied to respondent no.2 for technical clearance for construction, submitting documents including the conversion sanad and RTI-obtained documents of an adjacent property to show topographical similarities. The Deputy Town Planner refused the application solely on the ground that the conversion sanad issued in 1986 was no longer valid. The petitioner argued that since the property was zoned as 'settlement' in the Regional Plan, the conversion sanad was not required for construction, and the refusal was arbitrary. The respondents contended that the conversion sanad was necessary and its invalidity justified the refusal. The Court analyzed the provisions of the Goa Town and Country Planning Act, 1974 and the Regional Plan, and held that once a property is zoned as 'settlement', the conversion sanad is not a prerequisite for obtaining technical clearance for construction. The impugned order was based on an irrelevant ground and was quashed. The Court directed respondent no.2 to reconsider the petitioner's application for technical clearance afresh, without insisting on a valid conversion sanad, and to pass a reasoned order within eight weeks. The petition was allowed.
Headnote
A) Town Planning - Technical Clearance - Conversion Sanad - The Deputy Town Planner refused technical clearance for construction on the ground that the conversion sanad issued in 1986 was no longer valid. The petitioner's property was zoned as 'settlement' in the Regional Plan for Goa 2001. The Court held that once the property is zoned as 'settlement', the conversion sanad is not required for construction, and the refusal on that ground was unsustainable. (Paras 1-10) B) Town Planning - Zoning - Settlement Zone - The Court observed that the Regional Plan zoning determines the permissible land use. Since the property was in a settlement zone, the petitioner was entitled to technical clearance for construction without needing a valid conversion sanad. The impugned order was quashed. (Paras 5-10)
Issue of Consideration
Whether the Deputy Town Planner could refuse technical clearance for construction on the ground that the conversion sanad issued in 1986 is no longer valid, when the property is zoned as 'settlement' in the Regional Plan.
Final Decision
The impugned order dated 23.08.2018 is quashed and set aside. Respondent no.2 is directed to reconsider the petitioner's application for technical clearance afresh, without insisting on a valid conversion sanad, and pass a reasoned order within eight weeks from the date of the judgment.
Law Points
- Conversion sanad is not required for construction in settlement zone
- Technical clearance cannot be refused on ground of invalid conversion sanad if property is in settlement zone
- Regional Plan zoning prevails over conversion sanad for non-agricultural use
