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2018 Supreme(Bom) 2158

N.M.JAMDAR, PRITHVIRAJ K.CHAVAN
Betqui Candola Samvardhan Samitee – Appellant
Versus
Gera Developments Pvt. Ltd. – Respondent


Advocates Appeared:
Nigel Da Costa Frias, Adv., Maria Correia, Adv., S.D. Lotlikar, Adv., Anthony Dsilva, Adv., Sagar Dhargalkar, Adv., P. Dangui, Adv., Deep Shirodkar, Adv.

JUDGMENT :

N.M. Jamdar, J.

Betqui Candola Samvardhan Samitee is a Society formed by the residents of Betqui-Candola village. It has brought this writ petition in public interest. The Petition challenges the permissions granted to a Developer, M/s Gera Developments Pvt. Ltd for a group housing project. .

2. Betqui-Candola is a small twin village in the Ponda Taluka in Goa. The project is proposed on the survey No.33/1 of Village Candola. Earlier one Mr. Antonio Edward Saldhana owned the property. That time the property was in Orchard zone in the Regional plan. Mr. Saldhana wanted to change the zone to settlement zone and subdivide the property. He obtained a No Objection Certificate from the Comunidade of Candola. The Comunidade gave no objection for the widening of the existing road. Along with this N.O.C., Mr. Saldhana submitted a contour plan to the Town and Country Planning Department of Goa. By order dated 29 October 2001, the Town and Country Planning Department permitted conversion of 1,28,000 square metres of the property from orchard zone to settlement zone. On 28 December 2001, the Town and Country Planning Department granted a provisional N.O.C. for subdivision of the proper

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