PANAJI: The Bombay high court dismissed objections by a builder to a single judge of the high court hearing green activist Avertino Miranda’s petition regarding illegal construction in an open space in Porvorim. Miranda went to the high court challenging the order of the town planner of Bardez, who withdrew its own show cause notices to the builder.
The high court held that a single judge of the high court could hear Miranda’s petition and continued the stay granted in Dec last year against any further development or construction of the commercial building. Miranda, who owns a plot in Socorro, claimed that the property was subdivided into smaller plots. As part of the subdivision of the entire holding, two open spaces were designated and demarcated in the subdivision plan, which was approved by the Panaji Planning and Development Authority in 1980.
He stated that the property was sold as a whole holding without showing the open space and that construction commenced in the open space without maintaining the required setback of 35 metres from the central line of the national highway.
He complained to the panchayat, which forwarded his complaint to the director of panchayats, who further directed it to the block development officer to conduct an enquiry into the complaint and take necessary action if required.
Aggrieved by the continued inaction of the authorities, Miranda went to the high court, which directed the TCP to issue fresh show cause notices to the builder and observed that prima facie it appeared that construction was going on in a designated open space and within the setback area.
After the high court’s order, the Bardez TCP last year issued show cause notices to the builder and private party. Subsequently, a personal hearing was conducted by the senior town planner, Mapusa, and the show cause notices were then withdrawn.
