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 property, for the residential purpose.

3. M/S Gera Developments Pvt. Ltd-Respondent No.1, the Developer, purchased the property in September 2007. The Developer applied to the Collector of North Goa on 23 December 2008 for conversion Sanad. It also sought change of land use in respect of the property for an area admeasuring 1,27,120 square meters. The Developer annexed an N.O.C. from the Attorney of Comunidade of Candola dated 11 August 2007, in respect of the widening of the road. The proposal for conversion of land was forwarded to the Town and Country Planning Department-Respondent No.5.

4. The Developer submitted a contour plan to the Town Planner on 5 May 2009. The Town Planner directed the Developer to resubmit the contour plan, which was done on 6 July 2009. The Town Planner directed the Developer to submit the contour plan specifying certain details. The Town Planner by a letter dated 7 September 2009, recommended the conversion of an area admeasuring 1,09,120 square meters. Area around 19000 square meters of land which fell on the steep slope was to be deducted.

5. The Respondent No.2-Village Panchayat of BetquiCandola, forwarded the application of the Developer to the Town and Country Planning Department on 24 June 2010. A note was put up by the Town Planner on 21 July 2010. It pointed out the road requirements, subdivision, and the distance between the proposed structures, open space, and the contour plan. The Developer was directed to comply with the observations and resubmit the plans.

6. The Developer resubmitted its application through the Village Panchayat on 1 October 2010. It was forwarded to the Town and Country Planning Department. The Town Planner put up a note on 5 January 2011. Specific questions were raised regarding the floor area as per the building regulations. The Town and Country Planning Board held the meetings in January, February and March 2011 on this issue. It was decided that all the applications received up to 23 November 2010, shall be processed as per the earlier policy that is FAR being 80 irrespective of the plot size. On 15 April 2011, the Developer was asked to resubmit the plans which were submitted on 19 May 2011. In the meanwhile, the Chief Town Planner had issued a direction on 4 June 2012 that all the projects and proposals which were based on the Regional Plan of Goa 2021, in which Candola village is classified as VP2 were to be kept in abeyance till the Government takes appropriate decision. The Town Planner issued an N.O.C. for subdivision and technical clearance for the proposed construction on 18 November 2011. The Developer thereafter obtained a conversion Sanad on 23 April 2013, from the Collector for conversion of land admeasuring an area of 102387 square meters in survey No.33/1 of Village Candola.

7. The