Case Note & Summary
The case arose from a Public Interest Litigation filed by Betqui Candola Samvardhan Samitee, a society of villagers, challenging permissions granted to M/s Gera Developments Pvt. Ltd for a large group housing project in Betqui-Candola village, Goa. The property, survey No.33/1, was originally in an orchard zone. In 2001, the previous owner obtained conversion of 1,28,000 square metres to settlement zone and provisional NOC for subdivision. The developer purchased the property in September 2007 and applied for conversion sanad in December 2008, seeking change of land use for about 1,27,120 square metres. The Town and Country Planning Department recommended conversion of 1,09,120 square metres, deducting areas on steep slopes. The Village Panchayat forwarded the application in 2010, and after multiple resubmissions and policy decisions on FAR, technical clearance was granted on 18 November 2011. The developer obtained conversion sanad from the Collector on 23 April 2013 for 1,02,387 square metres. A construction license was issued by the Panchayat on 15 May 2012. The petitioner society, upon learning the project magnitude from a website advertisement in February 2013, complained of illegalities, including lack of conversion sanad before NOC and license issued by Sarpanch instead of Secretary. They also objected to environmental clearance and consent to establish. After representations went unheeded, they filed an earlier PIL (No.3 of 2014) where the court directed the authorities to hear the petitioners before sanctioning revised plans. The Chief Town Planner heard them and granted revised technical clearance on 20 March 2015, and the Panchayat issued a fresh construction license on 27 November 2015. In the present PIL, the petitioners challenged the conversion sanad, technical clearance, and construction license, and sought restoration of the land. The court issued rule in 2017 and maintained status quo. At final hearing, the court examined the statutory framework under the Goa Land Development and Building Construction Act, 2008 and regulations, and addressed the developer’s challenge to petitioners’ bonafides. The court rejected the bonafides challenge, noting the society was formed to protect the area and had previously been entertained. The judgment, reserved on 11 July 2018, was pronounced on 27 September 2018, though the remaining portion of the judgment detailing the decision is not available in the provided text.
Headnote
A) Statutory Framework - Land Development and Building Construction - Goa (Regulation of Land Development and Building Construction) Act, 2008 and Goa Land Development and Building Construction Regulations, 2010 - Section 8 of Act, Regulation 2(11) of Regulations - Court outlined the statutory scheme under which all land development and construction in Goa must be carried out in accordance with the Act and Regulations, and referred to definitions such as 'access' (Paras 16-17). B) Public Interest Litigation - Maintainability and Bonafides - Where a society is formed by residents specifically to challenge a development project that threatens their area, the timing of formation does not render the litigation malafide; earlier PIL entertained shows good faith (Paras 15).
Issue of Consideration
Validity of permissions granted for a group housing project, including the conversion Sanad dated 23 April 2013, technical clearance dated 20 March 2015, and construction license dated 27 November 2015, and whether a detailed study of contours and gradient is needed.
Law Points
- Land development and construction in Goa must be as per the Goa Land Development and Building Construction Act
- 2008 and Goa Land Development and Building Construction Regulations
- 2010
- Conversion Sanad and technical clearance require proper scrutiny under the Act
- Public interest litigants need to show bonafides
- Timely formation of a society to protect local interests is not malafide
- Compliance with environmental clearance is mandatory for projects of certain size
